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Legislative Procedure Review Act

THE SPEAKERAND

THE LEGISLATIVE ASSEMBLYOF

BRITISH COLUMBIA

E. George MacMinnBC Co,n,nissio,wrZR1981147D: S61982c.2

LEGISLATIvE LIBRARY of BRITISH COLUMB IA

3 3298 00085 1569

LEGISLATIVE PROCEDURE REVIEW ACT

THE SPEAKER

AND

THE LEGISLATIVE ASSEMBLY

OF

BRITISH COLUMBIA

E. GEORGE MacMINNCOMMISSIONER

TABLE OF CONTENTS

I INTRODUCTION Page 1

II SCOPE OF INQUIRY 2

III THE PROBLEMS 7

IV CANADIAN AND UNITED KINGDOM APPROACHES. . 20.

V THE ROLE OF MR.SPEAKER 23.

VI THE ROLE OF THE CLERK OF THE HOUSE . . . 26.

VII THE ROLE OF THE ADMINISTRATOR •.. . . 29.

VIII THE NEED FOR STATUTORY AUTHORITY . . . . 32.

IX THE INTERNAL ECONOMY BOARD 33.

X THE MANAGEMENT COMMITTEE 36.

XI THE LEGISLATIVE PRECINCT 37.

XII FINANCIAL SERVICES 42.

XIII SUMMARY OF RECOMMENDATIONS h6.

APPENDICES

A Model Legislation

B Organizational Chart

C Other Statutes (Internal Economy)

D Other Statutes (Continuity of Speaker’s Office)

I

INTRODUCTION

In March of 1981, under the provisions of

the Legislative Procedure Review Act, Mr. Speaker

Schroeder requested the Commissioner to ?Tdefine

the historical and statutory authority of the

Speaker as the administrator of the affairs of

the Legislative Assembly with a view to defining

areas where changes may be required; compare the

situation in British Columbia with that of other

jurisdictions; provide recommendations for

legislative change in British Columbia on ‘the

matter with a view to codifying and defining

the requisite authority of the Speaker and

organizing his administrative responsibilities

into a formal organizational entity; prepare a

comprehensive analysis of the Speaker’s authority

in these and related areas of his.responsibilities.”

What follows in this Report are the

observations and recommendations of the Commissioner,

including~ in Appendix “A”, a draft form of

legislation to accomplish the desired result.

‘1

Page 2.

II

SCOPE OF INQUIRY

Many Commonwealth jurisdictions have

examined the internal workings of their

Parliaments for the same reasons they are

being examined in British Columbia. The

Bottomley Report of the House of Commons

(United Kingdom), the Auditor General~s

Comprehensive Audit Report of the Canadian

House of Commons and the Camp Commission

Report of Ontario provided interesting and

helpful guidelines.

The British Columbia Commission felt

that the United Kingdom approach, including

discussions with a wide range of Parliamentary

Officers, personnel in Departments of the

Legislature and Ministry personnel would be

of most assistance in identifying the problems

and arriving at solutions.

Accordingly, the Commissioner invited

numerous interested persons to give oral evidence

and, if they so desired, submit written memoranda.

The following persons. (in order of their appearance)

gave oral evidence:

Sergeant-at-Arms, Mr. Alan Hutchinson

Chief of Hansard, Mr. Garth Gislason

Chief of Security, Mr. Jock Brown

Director of Building Services, Mr. Alex Brady

Mr. Ernest Hall, M.L.A.

Caucus Chairman, New Democratic Party,Mr. Dennis Cocke, M.L.A.

Comptroller, Ministry of the ProvincialSecretary, Mr. Ian Fraser

Administrator, Office of the Speaker,Mr. Clarence Reser

Caucus Chairman, Social Credit Party,Mr. William Ritchie, M.L.A.

Legislative Librarian, Mr. James Mitchell

Deputy Provincial Secretary, Mr. Ian Thomson

Senior Legislative Counsel, Mr. Allan Roger

Postal Branch Director, Ministry of theProvincial Secretary, Mr. Leon Hall

Chief of Protocol, Mr. David Harris

British Columbia Buildings Corporation BuildingManager, Region 1, Mr. Don Williams

British Columbia Buildings Corporation VicePresident, Mr. A. iKemp

Assistant Deputy Minister, Ministry of theProvincial Secretary, Mr. Barry Kelsey

Government Printing Services Director,Mr. Howard K. Britt

Clerk of the Legislative Assembly,Mr. Ian Home, Q.C.

Deputy Minister, Ministry of IntergovernmentalRelations, Mr. James Matkin

In addition to giving oral evidence, the

following submitted written memoranda to the

Commissioner;

Sergeant-at--Arms, Mr. Alan Hutchinson

Chief of Security, Mr. Jock Brown

Director of Building Services, Mr. Alex Brady

Comptroller, Ministry of the ProvincialSecretary, Mr. Ian Fraser

Administrator, Office of the Speaker,Mr. Clarence Reser

Legislative Librarian, Hr. James Mitchell

Senior Legislative Counsel, Mr. Allan Rcger

Postal Branch Director, Ministry of theProvincial Secretary, Mr. Leon Hall

Chief of Protocol, Mr. David Harris

British Columbia Buildings CorporationBuilding Manager, Region 1, Mr. Don Williams

British Columbia Buildings CorporationVice—President, Property Management, Mr. A. Kemp

Government Printing Services Director,Mr. Howard K. Britt

Deputy Minister, Ministry of IntergovernmentalRelations, Mr. James Hatkin

The Commissioner also held discussions with

Speakers, Clerks and Administrators in other

~arliarflentS and Legislatures and examined in

detail recent statutes and administrative

machinery in place in other Canadian ~urisdictiOn5.

Standing Orders from other ~urisdictiOfls and

numerous published studies also provided useful

guidelines.

It is perhaps appropriate to state at this

time that no two ~urisdictiOn5 have adopted

identical systems in an attempt to solve the

formidable problems impeding efficient functioning

of a legislative chamber. The “nature of the beast”

resists logic and standardization which, to a

certain extent, may be its ultimate strength.

Having made this observation, the Commissioner

hastens to say that there are certain cornerstones

which are essential if the institution of Parliament

is to remain vital.

The Commissioner restates those principles,

in an abbreviated form, as follows:

1. The Legislative Branch must be removed

from and be independent of the Executive

Branch.

2. The role of the Speaker must be clearly

defined and his or her function more

fully understood and respected.

3. An all-party Board of Internal Economy

should oversee the administration of the

support services to the Legislative

Assembly.

4. Administration policies, as determined

by the Board, should be implemented with

the assistance of a professional Clerk

Administrator who, as an Officer of the

House, would have continuity of tenure

and sufficient authority to be effective.

These four cornerstones are examined later in

the Report and are the focal points of the

recommendations.

III

THE PROBLEMS

There are two serious problems in the British

Columbia Legislature at the present time:

1. Existing legislation, where it exists at all,

does not provide clear cut guidelines for the

administration of the affairs of the Legislative

Assembly;

2. The Office of Speaker has not been accorded

the status and recognition it historically

deserves (and has been accorded in most

Commonwealth ~urisdictiofl5).

Unless both of these problems are met

squarely and promptly, it is the Commissioner’s

opinion that functional difficulties will accelerate

with a corresponding loss in the already frail image

of the legislative process.

The symptoms of the problems will be

examined but perhaps it would be of assistance

-to look at the historical trend which gave rise

to the present difficulties. The sessions of the

Legislature in British Columbia between 1950 and

1970 averaged eight weeks per annum, while in

the last ten years the sessions averaged twenty

weeks per annum. In addition to the sessions

being considerably longer in latter years, the

individual Members, in the early ‘70s, became

!tfull_timell Members, devoting the vast majority

of their time and energies to their work as

Members of the Legislative Assembly.

The machinery of the Legislative Assembly

did not respond to this new role of its Members.

In many areas the Assembly still functions as if

the Members were part—time and the sessions were

eight weeks in duration. The outmoded practices,

the inadequate Standing Orders, the vague guidelines

and the overall uncertainties are the direct result

of the failure of the legislative machinery to

respond to the new role of the Member.

Symptoms of the problems emerge from the oral

and written testimony which was given during the

inquiry. Most witnesses appeared to concede that

Mr. Speaker has certain authority within the precinct

but with the exception of the Clerk of the House,

no one had a clear idea of what constituted “the

precinct”.

The Sergeant—at-Arms has certain responsibilities

for security within the Legislative Chamber but there

is considerable uncertainty as to his other areas

of responsibilitY. For example, what authority,

if any, does the Sergeant-at-Arms have in the

rotunda, or in the annexes that presently constitute

part of the Legislative Buildings? The implications

arising from the uncertain ~jurisdiCtiOn of the

Sergeant—at—Arms must be obvious. In the event

of a serious disturbance, the Sergeant-at-Arms

does not have the guidelines, 5urisdictiOnal

certainty or the staffing to provide effective

assistance.

Security matters within the Legislative

Precinct are now a four-tier affair: the Sergeant-

at-Arms, British Columbia Buildings Corporation

Security Personnel, Victoria City Police and the

R.C.M.P. A Board of Internal Economy would

establish policy relating to security matters

for the Legislative Precinct (which can and

should be defined) and thus resolve the

5urisdictiOnal problems which occur when Ministry

lines are crossed.

The Legislative Library was established

as an information service for the Legislature and

this remains its primary function today.

Under the Legislative Library Act a

committee chaired by Mr. Speaker is responsible

for the Library and under Standing Order 123 the

Librarian reports to the House through Mr. Speaker.

However, under Standing Order 126, the

Library appears to be under the jurisdiction of

the Provincial Secretary during adjournment.

Presumably, the reason the Legislative Library

is presently in part under the jurisdiction of

the Provincial Secretary is related to the time

when the sessions were short and the Speaker’s

Office was maintained on a “part-time’ basis. As

this situation no longer exists, it is the

Commissioner’s opinion that the Legislative Library

no longer needs to be partially under the

jurisdiction of a “line Ministry” but should

report to the Legislative Assembly through Mr.

Speaker or an Internal Economy Board, and be under

the jurisdiction of the Internal Economy Board and

Mr. Speaker.

The issues relating to the Library are

well stated on Page 9 of a Memorandum submitted

to the Commissioner by the Legislative Librarian,

J. G. Mitchell.

“At the present time the libraryis considered to be a branch of theMinistry of the Provincial Secretaryand Government Services. Its budgetis submitted through the ministry,is ranked by package within theministry’s overall zero—basedbudgetting process, and appearsin the Estimates as part of theministry’ s program.

“The reason for placing the librarywithin the framework of a ministrywas probably the practical one ofensuring administrative continuityduring those periods when the Housewas not in session. In the past theSessions were short and the Speakerwas required to spend relativelylittle time in his office when theHouse was not in session. It wasconvenient for the library to haveaccess to ministerial administrativeservices such as accounting, payroll,personnel, etc. With longer sessions,with the broader and more responsiblerole the Speaker’s office is assuming,and with the increasing demands forservice by the Members and theirstaffs, however, it may be that theconvenience of administering theLegislative Library within theframework of a government ministryshould now be re-examined and weighedagainst the benefit to the Members ofreturning to them the effective controlof their information service.

* Underlining by Commissioner

“In Canada, the legislative librariesof Alberta, Ontario, Quebec and NovaScotia (and, of course, the federalLibrary of Parliament) are responsibledirectly to the House through theSpeaker in each of those jurisdictionsand have functioning library committees.A similar return to legislativecontrol is under consideration inSaskatchewan and New Brunswick.

“The Le~islative Library Act makes noprovision for the assumption ofresponsibility for the library by aministry. Standing Order p126 doesprovide for the library to be ‘underthe charge of the Provincial Secretary’during the recess of Parliament, but itis doubtful that this provision impliedthe total incorporation of the libraryinto a provincial ministry.

“This is not to suggest that agovernment department or ministry hasever interfered in or hindered thedelivery of service to the Members orbeen less than supportive of the library’slegislative work. But the fact remainsthat under the present system ofadministration the House has by defaultrelinquished effective control of theinformation service it established foritself. “*

Another problem has been identified during

the Commissioner’s hearings relating to and

affecting the building systems of the Legislative

Precinct. There appears to be an overlap of

jurisdiction or conflict in areas of authority

between the British Columbia Buildings Corporation

Underlining by Commissioner

and the Building Services Branch (both under the

Ministry of the Provincial Secretary and

Government Services).

The problem is described in the Memorandun~

filed by the British Columhia B’uildingsCorporation

at Page 11 thereof:

“As mentioned earlier, over the pastten years an extensive restorationproject has been carried out throughoutthe Legislative Buildings. This projecthas been the responsibility of a groupspecifically formed for this purposewithin the previous Ministry of PublicWorks. With the inception of theCorporation, responsibility for thiscrew and the project transferred to theProvincial Secretary, which Ministrytoday remains responsible for thisproject.

“The competence of this group and theresults of the project are of courseevident today throughout the complex.

“While on the surface it may appearthat the responsibilities of thecorporation and the restorationproject crew are both separate andeasily distinguishable, such is notthe case. There are many areas wherethe responsibilities of these twogroups overlap and in some caseseven conflict. For example, therestoration of a particular areawithin the buildings requiresdisruption and/or changes to thebuilding systems serving that area,such as electrical, plumbing, heating,etc. The Corporation’s efforts toprovide these services on an unintcrrupted and economical basis may

* Underlining by Commissioner

conflict with the restoration crew’sefforts to carry out their work inthe particular area. Consequently, itis necessary for both groups to attemptto communicate, cooperate and oftencompromise in efforts to accomplishtheir respective objectives.

“The restoration crew deservedly takespride in what they have accomplishedwithin the buildings and understandablyfeel they have a degree of responsibilityfor the operation, service and maintenancerequirements within the areas in whichthe restoration has been carried out bythem. This also leads to some conflictof responsibilities and, in our opinion,freguently negatively impacts theefficient operation of the buildings.”

The BuildingsCorporation, in the same Report,

recommends as follows:

“We would respectfully suggest that theCommission examine in greater detail thanis possible within this submission thecurrent roles of the British ColumbiaBuildings Corporation and the LegislativeBuildings restoration group and that theCommission consider these roles in lightof the current and future operationaland maintenance requirements of theLegislative Buildings, together with thecapabilities of each organization tosatisfy the requirements. Finally, wewould suggest that the Commissionincorporate recommendations into itsreport which address these roles andand requirements in a manner conduciveto the long term benefit of the building,its occupants and the citizens ofBritish Columbia.”


Dealing with the same matter, the former

Administrator in the Speaker’s Office, commenting

on the British Columbia Buildings Corporation and

Building Services, observed the following:

“So what’s really happened in thearea of building and precinctmanagement, aside from the problemsof who is going to be responsible forthat, is that we’ve ended up creatingtwo essentially parallel systems forbuilding and precinct management. Onthe one hand we have the ProvincialSecretary and his staff - the AssistantDeputy Provincial Secretary responsiblefor government services has created anentity within the Ministry of ProvincialSecretary, known as something like thebuilding and restoration crew, underAlex Brady, Director of Building Services.So they really have a policy-level groupthat decides what’s happening in thebuilding, and they have a working-levelgroup that can actually do things aroundthe building~ renovations, repairs.On the other hand, you have the Speaker,as chairman of the Parliamentary SpaceCommittee and Chief Executive Officerof the Legislature, required to provideservices to members, and his policylevel is supported by me in terms ofpolicies and proposals and day-to-dayadministration and by the services ofthe British Columbia BuildingsCorporation. The Building Manager,under the BCBC system, Don Williams,and his office respond very effectivelyto the Speaker. So you’ve really gottwo groups doing the same thing.

“In the absence of any formal contractualarrangement for who does what, there’s


6.

a great deal of redundancy and agreat deal of confusion. The buildingsare a major management problem becauseof this, and sitting in the middle ofthat is the somewhat defunct entityknown as the Parliamentary SpaceCommittee.

It is the Commissioner’s opinion that the

restoration work should be completed as currently

planned and the terms of reference of the Building

Services group (as it affects or is related to

the Legislative Precinct) be defined by a Board of

Internal Economy as one of its first priorities.

The dedication and skills of the Building Services

group and the British Columbia Buildings

Corporation are beyond question but the areas of

responsibility must be more clearly defined. It

would seem that an all-party Board of Internal

Economy is a proper forum in which to settle

such matters.

In addition to the above, there are two

critical problems which relate to the Speaker of

the House, one being procedural and the other

administrative.

Dealing firstly with the procedural problem,


Standing Order No. 9 of the British Columbia

Standing Orders permits an appeal of the Speaker’s

decision direct to the House. This Standing

Order is unacceptable under today’s parliamentary

standards. The provision for immediate appeal has

been abandoned in all but a few jurisdictions and

only the exercise of considerable restraint

prevents the use of intemperate language when

canvassing this invidious practice. No serious

parliamentarian in government or opposition would

recommend its retention and it is suggested that

a motion be placed before the House, at the

earliest opportunity, along the following lines:

“That Standing Order No. 9 of thisHouse be repealed and the followingsubstituted therefor:

‘Mr. Speaker shall preserve order anddecorum, and shall decide questionsof order. In deciding a point oforder or practice, he shall state theStanding Order or other authorityapplicable to the case. No debateshall be permitted on any suchdecision, and no such decision shallbe subject to an appeal to theHouse.’”

A substantive motion on notice is, and always

has been, available when the performance of the

Chair is to be seriously examined in the House -

but if the legislative process and those who

operate it are to retain credibility, the use of

the appeal of the Chair’s decision on points of

order must be discontinued. The seldom-resisted

temptation to use the Chair for scoring political

points is no longer acceptable to the majority

of the Commonwealth’s parliamentarians. The

amendment suggested will accomplish the desired

result.

The second problem which involves Mr. Speaker,

and which is essentially administrative in nature,

is the absence of any adequate statutory provision

which continues the Speaker’s authority after the

dissolution of a Parliament and pending the election

of a new Speaker. If the Legislature adopts a

Board of Internal Economy concept, a provision

continuing the Speaker’s authority should be

entrenched in that legislation. If it appears

there will be some delay in the adoption of the

Board concept, the Constitution Act should be

amended forthwith to provide continuity of the

Office of the Speaker for administrative purposes.

Again, it should be mentioned that a vast

ma5ority of the Commonwealth jurisdictions have

made such provisions, several of which are briefly

outlined in Appendix ttD’T.

Iv

CANADIAN AND UNITED KINGDOM APPROACHES

Each jurisdiction, in examining the role

of Mr.Speaker, has solved its difficulties in

novel ways. Similarly, in considering a solution

to the administrative problems of a legislative

assembly, each legislature has adopted procedures

unique to that assembly.

The Membership of several Boards of

Internal Economy and Commissions are listed

below:

Ottawa:

Alberta:

NAME

Board of InternalEconomy Commissioners

Members ServicesCommittee

Manitoba: Board of InternalEconomy

MEMBERSHIP

Speaker and UCabinet Ministers

Speaker and SMembers (5 fromGovernment and1 Opposition)

Speaker and 2Cabinet Ministersappointed by theLieutenant—Governorin Council

NAME MEMBERSHIP

Ontario: Board of Internal Speaker, 3 MembersEconomy of Cabinet and 3

Back-benchers (1 fromGovernment, 2 fromOpposition)

Northwest Members? Services Speaker, 2 CabinetTerritories: Board Ministers and 3

Members

Yukon: Members’ Services Speaker, GovernmentBoard Leader and Leader of

the Opposition

United House of Commons Speaker, GovernmentKingdom: Commission House Leader, a

member nominated bythe OppositionLeader and 3 otherMembers, one fromeach party

The duties and responsibilities of all commissions

and boards vary but most seem to deal, in whole or in

part, with the following:

1. Estimates and expenditures related to the

Legislative Assembly;

2. Staffing and salaries of all Departments of

the Legislature (see note next page);

3. Allocation of space within the precinct;

4. Provision of security within the precinct;

5. Generally, all services to members.

The specific recommendations for a Board of

Internal Economy are contained in Part IX of this

Report.

(Note: for a list of House Departments, seePage 34 of this Report.)

V

THE ROLE OF MR.SPEAKER

The objectives of a legislative chamber

have been described as follows:

(a) to assist Members in their consid

eration of legislation and supply;

(b) to administer the affairs of the

Legislative Assembly.

The Speaker, therefore, has two distinct

responsibilities — procedural and administrative.

The most visible of those duties are procedural,

but no less important to the smooth functioning

of the Assembly are the administrative duties.

In British Columbia, the duties of the

Speaker a”d complexities of his role have been

viewed by,Cabinet and back—bench alik~ with a

perspective that varies between indifference and

a lack of comprehension.

The bench-marks which signal recognition

of the Speaker’s role within any jurisdiction

spring from varied sources:

1. His independence from the executive is

confirmed in that the mover and seconder

on the nomination for the high office of

Speaker are selected from the back—bench.

2. His authority in matters of procedure is

recognized in that appeals from his decisions

are not permitted.

3. His status on the precedence list is immediately

after the Prime Minister (Premier).

4. His Chairmanship of the Board of Internal

Economy is a clear indication to the Members

that administration of the affairs of the

House will be in the interests of the

Legislative Branch.

5. His remuneration tacitly reflects the esteem

in which the high office of Speaker is held

and his formidable responsibilities recognized.

Individually, these five considerations do

not appear significant; collectively, they go to

the root of attitudes toward the institution of

Parliament.

If it can be generally agreed that the

responsibilities of the Chamber were accurately

described by Sir J.G.Bourinot, former Clerk of

the House in Ottawa, as being, “... to protect a

minority and restrain the improvidence or tyranny

of a majority; to secure the transaction of public

business in an orderly manner; to enable every

Member to express his opinion within limits neces

sary to preserve decorum and prevent an unnecessary

waste of time; to give abundant opportunity for

the consideration of every measure, and to prevent

any legislative action being taken upon sudden

impulse”, then surely it must follow that the

person who presides over the Chamber as Speaker is

the custodian of many of our basic freedoms.

There is a direct correlation between the

respect accorded to the Office of Speaker and the

respect accorded to Parliament by the people. One

has only to look at the United Kingdom for confirm

ation of this principle.

Serious consideration of these matters is

long overdue in British Columbia.

VI

THE ROLE OF THE CLERK OF THE HOUSE

The traditional role of the Clerk has been

(and in many jurisdictions remains) procedural.

In the United Kingdom the Clerk~ has administrative

as well as procedural duties, while in Ottawa, as

in British Columbia, the Clerk’s attention is

devoted largely to procedural matters. Once again

we must accept that there is no “right” or “wrong”

approach, save and except this - any system to be

effective must provide for continuity in both

procedural and administrative services to the House.

It is therefore essential that the head of the

administration department (whatever his ‘title’)

be an Officer of the House and work closely with

the Clerk and other department heads- and in addition

have a reporting responsibility to Mr.Speaker and,

through him, to the Board of Internal Economy.

Frequently the size of a legislative body

determines the most suitable administrative frame

work for the Members. If one examines the role of

the Clerk of the House in all ten provinces, one

sees varying degrees of involvement with administration.

In his evidence before the Commissioner, the Clerk of

the British Columbia House commented on a Legislative

Commission or Internal Economy Board and the role

of the head of the administration department as

follows:

“One of the primary functions ofthe legislative Commission wouldbe in relation to funding of thenecessary services to be providedto the Legislature, its committeesand other services and facilitiesfor members. Its conclusions inthat respect would be the basisupon which the Speaker wouldpresent estimates of expenditurenow contained in Vote 1.

“Obviously the Commission wouldrequire staffing, and its principal officer might be describedas secretary to the Commission.The expertise required by such asecretary is self—evident. Lwould envisage that this individualwould ensure continuity and complete separation from any involvement or appearance of involvementin matters of partisan politics.The secretary and whatever staffmight be required to service theCommission might be consideredan independent department of theLegislature, divorced from thepublic service and responsibleprimarily to the Commission, withperhaps the Speaker having ultimate

• authority over such staff; or,alternatively, this group, whileacting virtually autonomously,would come under the umbrella ofthe Clerk. In matters pertaining

to the Parliamentary Commission,the secretary would be directlyresponsible to Mr.Speaker andthrough him to the Commission,and on all residual matterswould function as a member ofthe staff of the Clerk’s Officeand be available for administrativework and other assistance as mightbe required from time to time.”

Q. “Such a secretary, in your view, ... would orwould not be involved in procedural matters?”

A. “1 think that if an arrangement alongthese lines were put into place,experience would indicate whetheror not that individual would havetime to provide additional serviceson the procedural side. But if Iwere to make a ~udgement at thistime, I would say that that personshould be seen as an administrativeofficer as opposed to a proceduraladvisor.”

The Clerk is the chief permanent Officer

of the House — his office is as old as that of :he

Speaker - and he and the other Table Officers

provide essential continuity for successive

Parliaments and Speakers. It is therefore desirable

that the Clerk’s Office and the Administration

Office communicate on a regular basis so as to

complement their respective functions. In part,

this will be accomplished by the Management Com

mittee, described in Part X of this Report.

VII

THE ROLE OF THE ADMINISTRATOR

After a close examination of the organization

of the House of Commons in Ottawa, the Auditor

General of Canada recommended a two-tier system,

separating completely the procedural and adminis

trative responsibilities. He suggested “a need to

align all Chamber—related responsibilities under

the Clerk and all administrative responsibilities

under the Administrator”. Under such a system

both the Clerk and the Administrator are given

Deputy Minister status and report directly to

the Speaker. Under the British Columbia system,

the Clerk is accorded Deputy Minister status.

Your Commissioner believes this split

system functions well in Ottawa but may not be

suitable or appropriate in a small, more inti

mate legislative setting. There is also the

danger that an otherwise excellent Administrator

may be insensitive to the peculiar traditions and

needs of a Legislative Assembly, for there is no

doubt that a Legislative Assembly is unlike any

other body, corporate or otherwise. This is not

to say that sound business principles cannot, or

should not, be applied. It is merely to say that

the institution of Parliament has evolved over

hundreds of years and is undoubtedly unique in

composition, complexity and function.

With this in mind, it is recommended that

the Clerk-Administrator have the status of a

permanent Officer of the House, have direct access

to Mx’. Speaker, be Secretary to the Internal Economy

Board and have a secondary reporting responsibility

to the Clerk of the House who remains as the Chief

Permanent Officer. This would permit the Clerk

to devote the majority of his time to his Chamber-

related and procedural duties, the Clerk-Administrator

bringing to his formidable task much of the authority

of the Speaker, and at the same time maintaining

a close contact between the two functions of the

House - procedural and administrative.

This close contact would be ensured by a

Management Committee composed of Mr. Speaker, the

Clerk of the House and the Clerk-Administrator.

This Committee, in addition to dealing with

day-to-day problems, would act in an advisory

capacity to the Board of Internal Economy.

It would seem appropriate that the full

duties and responsibilities of the Clerk—

Administrator be determined by the Internal

Economy Board, on the advice of the Management

Committee, and such duties would include:

1. Financial management and control.

2. Personnel management.

3. Sessional and temporary staff.

L~• Purchasing and inventory.

5. Parliamentary Fining Room.

6. Printing, postal, health and miscellaneousservices.

7. Implementation of decisions of the InternalEconomy Board, as they might apply to theadministration of the Assembly.

VI I I

THE NEED FOR STATUTORY AUTHORITY

Attached as Appendix TC” to this Report are

the statutory instruments dealing with administrative

structures adopted in other jurisdictions. As the

proposals for British Columbia most closely parallel

those in place in the United Kingdom, the draft

legislation suggested for British Columbia in

Appendix “A~ follows closely the provisions of the

United Kingdom House of Commons (Administration) Act

1978.

In addition to the statutory enactments,

several jurisdictions have adopted detailed manuals

governing procedure at the Internal Economy Board

level. A particularly detailed manual was compiled

by the Legislative Assembly of Ontario and might

serve as a useful guide for British Columbia.

Ix

THE INTERNAL ECONOMY BOARD

In designing a Board of InternalEconomy, and

the legislation related thereto, certain desirable

features have been borne in mind by the Commissioner:

1. The Board should be relatively small in number.

2. The Board should ha~ve representation from both

government and opposition.

3. The Board should be chaired by Mr. Speaker,

(ex officio).

L~ Provision should be made for a small but

representative quorum for the conduct of

the Board’s business.

5. The Board should operate on a totally non

partisan basis.

6. The Board’s general terms of reference should

be outlined by statute.

After examining the experiences in other

jurisdictions, and bearing in mind the guidelines

stated above, it is recommended that the Board of

Internal Economy in British Columbia be constituted

Page ~

as follows:

(a) Mr. Speaker, Chairman, (ex officio).

(b) Government House Leader (ex officio).

Cc) Member of the Legislature nominated by

the Leader of the Opposition.

(d) Member of the Legislature (not a Minister)

nominated by the government caucus.

Ce) Member of the Legislature nominated by

the opposition daucus.

A quorum of the Board would be: the Chairman,

one of (b) or Cd), and one of Cc) or Ce). All

members of the Board will have a vote, including the

Chairman, and in the event the voices are equal, the

Chairman shall have a second or casting vote.

The powers and duties of the Internal Economy

Board would be generally as follows:

1. Appointment of staff in House Depar-tments~,

(except where otherwise provided by statute)

and determination of their remuneration.

House Departments include Office of the Clerk,Sergeant-at-Arms, Hansard, Library, Administrationand Finance.

2. Space allocation within the Parliamentary

precinct.

3. Security within the Parliamentary precinct.

4. Maintenance, furnishings and services to

the Parliamentary precinct (through ap

propriate Ministry).

5. Preparation of estimates for the House

Departments and of any other expenses

incurred for the service of the Legislature.

6. Necessary ancillary powers as may be

required to provide for needs of the

Legislative Assembly.

Once it is accepted that the concept of a

separate internal legislative administration is

desirable (and it suggested that the concept is

essential — not just desirable), the structural

detail is not difficult to establish, as there

are numerous precedents from which to draw. The

problems arising from existing uncertainties,

duality of jurisdiction and absence of a final

arbiter are substantially solved by the establish

ment of an Internal Economy Board.

x

THE MANAGEMENT COMMITTEE

On a day-to-day basis it is obviously not

possible to call meetings of the Internal Economy

Board to deal with routine matters. It is there

fore desirable to have a small management committee

composed of persons who are intimately involved

with the daily activities of the Legislature and

who would be able to render prompt administrative

decisions.

The House Departments will wish to have

quick access to authority when the individual

department head feels he or she needs additional

guidance.

It is therefore recommended that a Manage

ment Committee be established, composed of Mr.Speaker,

the Clerk of the House and the Clerk—Administrator.

The Committee’s detailed functions and limits of

authority would be defined by the Board of Internal

Economy.

~see page 3~4.

XI

THE LEGISLATIVE PRECINCT

Many administrative problems have arisen

over the years as a result of uncertainty as to

the meaning of the words “Legislative Precinct”.

The Clerk of the House, in giving evidence before

the Commissioner, gave the following opinion:

“As far as I am aware, the precinctof our Legislative Assembly isneither defined by statute or bySpeaker’s ruling or in any otherfashion. Therefore, the startingpoint, as far as I’m concerned,would be looked to with regard tothe definition of legislativeprecincts as understood in theUnited Kingdom. I say this because of the general rule setforth in Standing Order 1, whichprovides that ‘in all cases notprovided for hereafter or bysessional or other orders theusages and customs of the Houseof Commons of the United Kingdomof Great Britain and NorthernIreland as in force at the timeshall be followed as far as theymay be applicable to this House.’So at least by analogy we would,in the first instance, look tohow the question of parliamentaryprivilege precincts is seen inthe United Kingdom.

“It’s a very important matter fortwo reasons. First, it would

bear upon matters of privilege;the privileges of members andthe privileges enjoyed by theHouse. Second, it would havebearing upon the question ofresponsibility for security ofthe parliamentary precincts.Having said that, I’m awarethat a special select committeeof the House of Commons in theUnited Kingdom looked into thisquestion, and in the course ofits deliberations that committeecalled before it the Clerk ofthe House of Commons to expressan opinion on the matter.

“If I may, I would refer brieflyto that opinion, which was givenby Sir Richard Barlas, the thenClerk. Sir Richard made a studyin depth of the whole question,going as far back, it would appear, as the year 1605. It washis conclusion that on the balanceof precedent the House would bejustified in treating as itsprecinct such premises as may beoccupied corporately by its members for the purpose of theirparliamentary duties, and furtherwent on to say that once that isgranted it follows that the Housemight properly treat outbuildingsas having precisely the same statusas any other premises which theyoccupy, notwithstanding the factthat they do not form part of thePalace of Westminster. It wouldalso appear from that opinion thatover the years what was consideredto be the precincts of Parliamenthas gradually expanded accordingto the needs of the House and itsmembers. Although some concernwas expressed that this might beopen to objection on the grounds

Page ~9.

that the House could not extendthe privileges of the Houseitself beyond those which existedas of a certain time by extendingthe precincts and thereby extendingthe areas in which those privilegesmight be exercised, it was concludedthat this would not be the case andthat the mere expansion of theprecincts itself could not beconstrued as an attempt to extendexisting privileges. Sir Richardsummarized his opinion by saying,as I’ve indicated, that the outbuildings may be properly considered,on the precedents, to be within theprecinct of the House of Commonssimply by virtue of that corporateoccupation by the Commons, andthat in his opinion neither legislation nor a formal Crown grantnor a declatory resolution of theHouse would be desirable.

“If you want me to relate thatposition to the situation thatexists presently in our jurisdiction,Vd be happy to comment on it.”

Q• “I would think that if you accept the principlestated by that learned Clerk, I suppose theapplication of these principles would simplyrequire a fairly close examination of theareas used by the Legislature and the adjunctsto the Legislature. That’s perhaps more amechanical problem than a problem necessarilyfor your learned opinion. Did you want toenlarge on that?”

A. “If one were to look at the questionfrom a purely technical point of view-putting aside for one moment anypracticalities which may be involvedbecause the last vestiges of thepublic service have disappeared fromthe legislative buildings and Ministers,while occupying a portion of thelegislative precinct, nevertheless

serve in two capacities, one asminister and one as a memberrepresenting his or her particular constituency, it would seemto follow that, technically atleast, the jurisdiction wouldextend to the entire buildings,because undoubtedly Ministersare fulfilling their functionas members as well as members ofthe Executive Council. To givean example of why that observation must be kept in mind, ifsomething occurred in the Speaker’scorridors, in the Chamber or inthe offices of a member of theAssembly which might be considered to be a breach of privilegeor involving privilege - andobviously one of the prerequisites is that in some instancesat least the offence must havebeen committed within theparliamentary precinct - it wouldseem to me to be an anomoloussituation if it could be arguedthat if the same action tookplace or event occurred in aMinister’s office the Ministerwould not enjoy the same privilege as a member would enjoysimply on the ground that itwas a minsterial office and notpart of the legislative precincts.”

Q. “Can you say from your knowledge or readingswhether the precinct, be it what it may,is generally seen to be under the broadumbrella of the Speaker’s Office in mostjurisdictions?”

A. “I would think there’s no questionabout that, for the fundamentalreason that the Speaker is theguardian, if you will, and theenforcer of the privileges of theHouse. It must follow thereforethat he has the necessary authority

]~.

within the precinct to exertthose privileges, protect thoseprivileges,on behalf of theHouse itself.”

It is recommended that the legislative

precinct be defined as the land and buildings

bounded by Belleville, Government, Superior and

Menzies Streets. It is the Commissioner’s

recommendation that the definition of~~precinct!

be included in the Act establishing the Internal

Economy Board.

It must be understood, however, that the

definition of “precinct” does not prohibit the

extension of the jurisdiction of the House in

matters of privilege to any other areas when,

for example, a Committee of the House is meeting

is an area outside the “precinct” as defined.

The Commissioner agrees in this instance with

the principle stated by Sir Richard Barlas, and

quoted by the Clerk of the British Columbia House,

to the effect that the mere expansion of the

precinct would not be construed as an attempt

to extend the existing privileges of the House.

XII

FINANCIAL SERVICES

The financial services to the Legislative

Assembly are presently being provided by the

Comptroller of the Ministry of the Provincial

Secretary and it is the Commissioner’s opinion

that these financial services should be removed

therefrom and handled autonomously by a

Legislative Assembly financial services

department.

It must be clearly stated, however, that

the cooperation and assistance presently brought

to this task by the Accounting Division of the

Ministry of the Provincial Secretary cannot be

faulted. In the face of a series of unique

problems the accounting staff has managed to

produce excellent results. ~

The fact remains that this function should

be within a Legislative Assembly department and

not merely a part-time accommodation by the

Accounting Department of a line Ministry. It should

also be pointed out that not only is the Comptroller

required to provide financial services to the

Ministry of the Provincial Secretary and to the

Legislature, he is also the Comptroller for

the Ministry of Intergovernmental Relations,

the Premier’s Office and the Office of the Auditor

General.

This system gives rise to an unfortunate

conflict in priorities, and, as a result, the

projects related to legislative services are

occasionally delayed to the point of seriously

impairing efficiency.

Because of the unique nature of the

Legislature, legislative employees are not considered

part of the Public •Service, and it therefore becomes

essential to examine and describe the various fringe

benefits which should be available to legislative

staff. While the Comptroller considers such projects

important, the pressure of other demands has not

permitted him to devote the necessary time to study

these matters. The end result is considerable

uncertainty of status felt by a large segment of

legislative personnel and if this situation continues,

staff morale will be adversely affected. This

uncertainty has already contributed to the loss

of several key employees.

Section 64 of the Constitution Act provides

that the necessary expenses of the Legislative

Assembly are granted and paid out of consolidated

revenue. It is a difficult concept for staff (who

spend the majority of their time with line Ministry

guidelines) to understand that this provision is

unique to the Legislative Assembly, and that the

guidelines for the line Ministries are not

applicable to the Legislative Assembly. The

historic reason, upon examination, is clear — if an

arm of the Executive (Treasury Board) was able to

choke off funds to the Legislative arm, our system

would collapse.

In brief, the financial services to the

Assembly should be provided by advisors and employees

whose loyalties (and time) are devoted exclusively

to the Legislative Assembly.

Perhaps the position is put most succinctly

by Mr. I. G. Fraser, Comptroller in the Ministry

of the Provincial Secretary and Government

Services, when he says: “Personally, I feel

the-Speaker’s Office and legislative services

area should be fully autonomous and there should

be no perceived control by central agencies

created by the executive arm of government.

I think that my office has provided good service

over the years, but with the recent proclamation

of the new Financial Administration Act and the

introduction of a financial administration policy

manual, the pressure toward more conformity and

control is mounting. I am finding it more and

more difficult to keep the central agencies,

especially the Treasury Board staff and the

Comptroller General’s office, from attempting to

impose their control.”


XII

SUMMARY OF RECOMMENDATIONS

1. Legislation be enacted. to create a Board of

Internal Economy to manage the administration

of the Legislative Assembly of British

Columbia.

2. The Board of Internal Economy be designed

and have powers as recommended in Chapter IX,

3. A Management Committee be formed as recom

mended in Chapter X.

4. Autonomous financial services for the

Legislative Assembly be established.

5. The Office of Speaker be accorded its

historic place by adjustments to the

precedence list and remuneration to the

Office of Speaker be given parity with

a Minister with Portfolio.

APPENDIX “A”

LEGISLATIVE ASSEMBLY

(ADMINISTRATION) ACT 1982

1.(l) There shall be a Board named the Internal

Economy Board empowered to perform the

functions conferred on it by this Act.

(2) The Board shall consist of

(a) Mr.Speaker;

(b) the Government House Leader;

(c) a member of the Legislature nominated bythe Leader of the Opposition;

(d) a member of the Legislature (not a Minister)nominated by the Government Caucus;

(e) a member of the Legislature nominated bythe Opposition Caucus.

(3) Mr.Speaker shall be the Chairman of the Board.

(L~) A quorum of the Board consists of (a), one of

(b) or (d) and one of (c) or (e).

(5) In this section:

“Government House Leader” means the Minister ofthe Crown for the time being nominated as suchby the Premier.

“Leader of the Opposition” means the person whois the leader of the Opposition Party having themost seats in the Legislature.

(6) Schedule 1 to this Act is applicable to theBoard.

(7) All members of the Board, including the Chairman,shall have a vote. In the event the voices areequal, the Chairman shall have a second orcasting vote.

Appendix T’A11,Page 2.

2.(1) The Board shall appoint all staff in the HouseDepartments and shall determine their numbersand their remuneration and other terms andconditions of service.

(2) The Board shall ensure that the complementing,grading and pay of staff in the House Departments are kept broadly in line with those inthe Public Service, and that, so far as consistent with the requirements of the Legislature,the other conditions of service of staff inthe House Departments are also kept broadlyin line with those in the Public Service.

(3) The Board shall ensure that the pensions andother similar benefits of staff in or formerlyin the House Departments are kept in line withthe provisions of the Public Service Pension Actor the Legislative Assembly Allowances andPension Act, whichever shall apply.

(4) The Board shall be responsible for the allocation of space within the Legislative Precinct.

(5) The Board shall be responsible for the provisionof security within the Legislative Precinct.

(6) The Board shall make requests to the appropriateMinistry of government for the maintenance,furnishings aixi services required in the Legislative Precinct.

(7) For the purposes of this Act, the LegislativePrecinct is defined as the buildings and theland bounded by Belleville, Government, Superiorand Menzies Streets.

(8) Subsection (1) above does not apply to thepower to appoint, or the tenure of office of,the Clerk of the House, the Deputy Clerk, theLaw Clerk, Clerks Assistant, the Sergeant—atArms or Mr.Speaker’s personal staff.

3.(l) For the year and each subsequent financialyear, the Board shall prepare and lay before theLegislature an estimate for that year of the

.

6. Appeals from the decision of the Chair on

matters of procedure be abolished forthwith.

7. The proposer and seconder of the nomination

for the office of Speaker be chosen from

the back-bench.

8. The Legislative Precinct be defined as

outlined in Chapter XI.

9. The Legislative Library be placed under

the jurisdiction of the Legislature

through the Board of Internal Economy

and Mr. Speaker.

10. Statutory provision be made to prevent

a lapse in the administrative authority

of the Office of Speaker following a

dissolution of the House.

Appendix “A”Page 3.

expenses of the House Departments and, tosuch extent as the Board may determine, ofany other expenses incurred for the serviceof the Legislature.

(2) The Board may appoint a member of the staffof a House Department to be the officer(“the Accounting Officer”) responsible foraccounting for the sums paid out of moneyprovided by and for the service of theLegislature.

(3) All fees and other sums payable to theLegislature shall be paid into theConsolidated Fund.

4. (1) In this Act “House Departments” means:

(a) the Department of the Clerk of the House(b) the Department of the Sergeant-at-Arms(c) the Department of the Hansard ReportCd) the Department of the Legislative LibraryCe) the Department of Administration and Finance

and any other House Department provided forunder subsection (2) below.

(2) The Board may from time to time:

(a) increase or reduce the number of HouseDepartments

(b) allocate functions to the Management CommitteeCc) allocate functions to any House DepartmentCd) for those purposes make such arrangements

for and in connection with the creation,division, amalgamation or abolition of anyHouse Department (including one createdafter the passing of this Act) as appearto the Board expedient.

(3) The Board may from time to time direct that allor any of the provisions of this Act relating tostaff in the House Departments shall apply toany office or post which is not in a HouseDepartment but falls within subsection (4) below,and to the staff appointed, or to be appointed,to any such office or post, and may furtherdirect that the holder of any such office orpost shall be treated as having been appointedby the Board.

Appendix “A”,Page 4.

(4) An office or post falls within this subsectionif staff appointed to it are employed in orfor the purposes of the Legislative Assembly.

(5) Subsection (3) above does not apply to thepower to appoint, or the tenure of office of,Mr.5peaker~s personal staff.

(6) In this Act, “Management Committee” means aCommittee composed of Mr.Speaker, the Clerk ofthe House and the Clerk—Administrator.

5.(l) The Act nay be cited as the Legislative Assembly(Administration) Act 1982.

(2) In this Act:

“the Accounting Officer” has the meaning givenby section 3(2) of this Act,

“the Board” means the Board of Internal Economy,

“House DepartmentsT’ has the meaning given bysection 4(1) of this Act.

(3) Schedule 2 to this Act (supplementary andconsequential provisions), shall have effect.

APPENDIX “A”,Page 5.

LEGISLATIVE ASSEMBLY

(ADMINISTRATION) ACT, 1982

SCHEDULES

SCHEDULE I

THE BOARD

Incorporation

1. The Board shall be a body corporate.

Members other than Mr. Speaker and theLeader of the House

2. (1) Subject to paragraph 3 of this Schedule, a memberof the Board, other than an ex officio member, shallvacate his office -

(a) if he ceases to be a member of the Legislature, or,(b) if another person is nominated or appointed in

his place.

(2) Subject to sub-paragraph (1) above, a member ofthe Board other than an ex officio member, shall holdoffice for the duration of the Parliament in whichhe is nominated or appointed, and for the furtherperiod provided by paragraph 3 of this Schedule.

(3) A member of the Board, other than an ex officiomember, may resign at any time by notice to theBoard.

(~) Past service on the Board is no bar to nominationor appointment as a member of the Board.

(5) In this paragraph, and paragraph 3 of this Schedule,‘ex officio’ member means Mr. Speaker and theGovernment House Leader.

APPENDIX “A”,Page 6,

Dissolution of Parliament

3. (1) On a dissolution of Parliament, the person whois then Mr.Speaker shall continue in officeas a member of the Board until a Speaker ischosen by the new Parliament.

(2) Subject to sub—paragraph (3) below, on adissolution of Parliament the members of theBoard who are not ex officio members shallcontinue in office until members are nominatedor appointed in their place.

(3) Where at any time after Parliament has beendissolved it appears that a member of theBoard who is not an ex officio member —

(a) has not been validly nominated as acandidate at the ensuing general election;or

(b) although so nominated, has not beenelected a Member of Parliament at thatelection,

that member shall resign from the Board forthwith; but nothing in sub-paragraph (2) aboveshall be taken as preventing any such memberfrom resigning otherwise than in pursuanceof this sub—paragraph.

Delegation of Board’s Functions

4. (1) The Board may delegate to Mr.Speaker any ofits functions under Section 2 of this Act.

(2) The Board may also delegate:

(a) to any person who is the head of any HouseDepartment, or to two or more of thosepersons jointly, any of its functionsconcerning staff in the House Departments,

(b) to the Accounting Officer, whether he isthe head of any House Department or not,any of its functions, under sub-sections(2) and (3) of this Act.

APPENDIX “At’,Page 7.

(3) Anything done by or in relation to aperson to whom functions are delegatedunder this paragraph in the dischargeof the Boardts functions shall havethe same effect as if done by or inrelation to the Board.

Proceedings F, Business

5. (1) The validity of any proceedings of theBoard shall not be affected by anyvacancy among the members of the Board,or by any defect in the appointment ornomination of any Board member.

(2) The Board may determine its own procedure.

(3) In the absence of Mr. Speaker, the DeputySpeaker shall act as Chairman of the Board.

SCHEDULE 2

Supplementary and Consequential Provisions

Mr. Speaker to act after dissolution ofParliament

1. For the purpose of this Act the Speaker atthe time of a dissolution of Parliament shallbe deemed to remain Speaker for the furtherperiod for which he holds office by virtueof paragraph (3) of Schedule 1 to this Act.

Deputy Speaker acting for Mr. Speaker

2. (1) While Mr. Speaker is temporarily absent, aDeputy Speaker having power to act underSection 46 of the Constitution Act mayexercise the functions of Mr. Speakerunder this Act.

APPENDIX “AT’Page 8.

Transitional Provision

3. All persons employed in the House Departmentsimmediately before the coming into force ofsection 2 of this Act, other than thosementioned in subsection (8) of that section,shall be treated for all purposes as if theirappointments had been made by the Board.

-U-Umz>(

I CLESKOFCLERK~ [E5K COMMITTEES

Management Committee:Internal Economy Board:Mr. SpeakerTwo Government MembersTwo Opposition Members

Vacant: Clerk of CommitteesClerk-Administrator

Mr. SpeakerClerk of the HouseClerk-Administrator

House Departments:Office of Clerk of the HouseSergeant-at-ArmsHansardLibraryAdministration and Finance

APPENDIX “C”,Page L

EXTRACT FROM: The House of Commons Act (Ottawa)

-n-TRNALCOMY

at 1~5. The p~rson who fills the office of~ Speaker at the time ofany dissolution of

Parliament, shall, for the purpose of thefollowing provisions of this Act, be deemed tobe The Speaker until a Speaker is chosen bythe new Parflament. RS., c. 143, a. 15.

16. (1) The Governor in %Council shallfou,otl~t .,~ appoint four-mernbess of the Queen s Privy

Council for Canada who are also members ofthe House of Commons,who,~’ith the Speakerof the House of Commons, shall.be commissoners for the purposes of this section andsections 17 and 18.

1{o~r~ (2) The names and offices of such commi.ssoners sl-iafl be communicated by messagefrom the Governor in Council to the Houseof Commons, in the first week or each sessionof Parliament.

Q~”~ (3) Three of the commissioners, whereof theSpeaker of the House of Commons shall beone, may cal-xy the said provisions intoexecution.

(4) In the event of the death, disability, or.-ai~rt at absence from Canada of the Speaker during

any dissolution or prorogation of Parliament.,any three; of the commisSioners may carry thesad provisions into execution. RS., c. 143, s.16.

17. (1) TheClerkoftheHouseofCommonsshall annually prepare an estimate of thesums that will probably be required to beprovirled by Parliament for the payment ofthe indemnity and the actual moving ortransportation expenses of members, and ofsalarirs, allowances and contingent exj~risesof the House. and of the several officers andclerks thereof under his direction, during thefiscal year. -

r1~t (2) The Sergeant-at-AnTis of the House ofS~t*-~-4t- Commons shall annually prepare an estimate

of the sums that will probably be required tobe provided by Parliament for the paymentof salaries or allowances of the messengers,doorkeepers and servantsof the House underhis direction, and of the contingent expensesunder his direction, during such year.

APPENDIX “C”,P~.ge 2.

(3) Such est~rnates shall be subrriitted to theSpeaker for his approval, and axe subect tosuch approval and to such alterations as theSpeaker consders proper.

~ ‘~ (4) The Speaker shall thereupon prepare an~ estimate of the sums requ site for the several

purposs~aforesaid, and shall algn the same.

E~t~i te~ (5~ Such several estimat~ of the ClerIc,~ Sergeant-~at-Arms and Speaker ~hallbe trans

rn~tted by ihe Speak≥ to, tb Minister ofFinance for his approval, and shall be laidseverally before the House of Commons withthe other estimates for the year. RS., c. 143,S. 17.

~‘~i r~’r~’1~ 18. Al! sums of money voted by Parliament~ upon such estimates or payable to members

of the House of Commons under the S~maLeand Hmzse of Cwnmans Act, are sub3ect to theorder of the commissioners, or any three ofthem, of whom the Speaker shall be one. R.S,e. 143,s. 18.

APPENDIX “C”,Page 3,

EXTRACT FROM: “An Act to Amend the Legislative Assemblyand Executive Council Act”(Saskatchewan)

BOARD OF INTERNAL ECONOMY

~ “687 — (1) There is hereby established aboard, to be kno~ asthe Board of Internal Economy, consisting of:

(a) theSpeaker,whoisthechairmaji(b) two persons nominated by the President of the ExecutiveCouncil from among the members of the Executive Council;(c) two persons from the Government caucus nominated bythat caucus;(d) one person or, where there is no Third Party, two personsfrom the opposition caucus nominated by that caucus; and(e) one person from the third party caucus, if there is one,nominated by that caucus.

“(2) The Lieutenant Governor in Council shall appoint theSpeaker and the persons nominated in accordance with clauses(lXb) to Ce) as commissioners.

“(3) The name and office of each commissioner is to be communicated by message from the Lieutenant Governor to theAssembly.

“(4) A quorum of the board consists of the Speaker, one commissioner appointed pursuant to clause (1)(b), one commissioner appointed pursuant to clause (lXc) and one commissioner appointedpursuant to clause (lXd) or Ce).

of “68.8 The board shaTh

(a) review estimates and forecasts, analyses of revenues, expenditures, commitrnent.s and other data pertaining to theLegislative Assembly Office and the Legislative Library andassess the results thereof;(b) make recommendations for the organization and staffestablishment for the Legislative Assembly Office and theLegislative library;

(c) approve and review administrative policies and proceduresin relation to the operation of the Legislative Assembly Officeand the Legislative Library;

(d) make arrangements with the Department of GovernmentServices for the allocation of space within the LegislativeBuilding(e) provide a proper security system within the LegislativeChamber and members’ offices under the direction of theSpeaker and the Sergeant at Arms;(1) make requests to the Minister of Government Serviceswith respect to the maintenance, furnishings and services required in the Legislative Building; and(g) advise upon and give directions in relation to any matterthat the board considers necessary for the efficient and effective operation of the Legislative Assembly Office and theLegislative Library;

and, if the board considers it desirable, it may report to theAssembly on any of the matters mentioned in this section~.

APPENDIX “C”,Page Ii,

EXTRACT FROM: House of Commons (Adminstration) Act 1978

L—(1) There shall bea body of Commissioners named the The House ofHouse of Commons Commission to perform the functionsconfen-edonitbythisAct.

(2) The Commission shall consist of—(a) Mr. Speaker.(b) the Leader of the House of Commons,(c) a member of the House of Commons nominated by

the Leader of the Opposition,(d) three other members of the House -of Commons

appointed by the House of Commons, none of whomshall be a Minister of the Crown. -

(3) As soon as possible after the end of Ibe year 1978-79.and of each subsequent financial year, the Commission shallprepare and present to the House -of Commons a report on th~exercise of its functions in that years and shall cause it to beprintei

(4) In this sedon—“Leader of the House of Commons” means the Minister

•oC the Crown for the time being nominated as suchby the Prime Minister,

“Leader of the Opposition” means the person who is theLeader of the Opposition in the House of Commons

1975 c. 27. for the purposes of section 2 of the Ministerial andother Salaries Act 1975.

(5) Schedule 1 to this Act has effect as respects theCommission.

Functions of 2.—(1) The Commission shall appoint all staff in the HouseCominisson. D~,a~-~ents and shall determine their numbers and their

remuneration and other terms and conditions of service.

(2) The Commission shall ensure that the complementing,grading and pay of staff in the House Departments are keptbroadly in line with those in the Home Civil Service, and that,so far as consistent with the requirements of t~he House ofCommons, (he other conditions of service of staff in the HouseDepailments are also kept broadly in line with those in theHome Civil Service.

• (3) The Commission shall ensure that the pensions and othersimilar benefits of staff in or formerly in the House Departmentsare kept in line with the provisions of the principal Civil ServicePension Scheme (as it applies for the time being to the HomeCivil Seiyice), but need not do so in the case of staff for whomprovision for such benefits was made under another schemcbefore they entered service in the House Departments andcontinues to be so made in respect of such service..

(4) Subsection (1) above does not apply to the power toappoint, or the tenure of office of, the Clerk of the House ofCommons, any Clerk Assistant, the Serjeant Sat Arms or Mr.Speaker’s persona! staff.

APPENDIX “C”,Page 5,

Financ~aI 3.—(l) For the year 1979-80 and each subsequent ~nancialprovisionS. year the Cornmissinn shall prepare and lay before the House of

Commons an estimate for that year of the expenses of theHouse DeparLments and, to such extent a.s the Commission maydetermine, of any other expenses incurred for the service of theHouse of Commons.

(2) The Comm5~s~on may appoint a member of the staff inthe House Departments to be the officer (“ the AccountingGfficer’~ responsible for accounting for the sums paid out ofmoney jrovided by Parliament for the service of. the House’of Commons. .

(3) All fees and other sums payable ID the House of Commonsshall be paid into the Consolidated Fund.

4.—(l) In this Act “ House Departments” means— Thc House(a) the Department of the Clerk of the House of Commons, Dcpaitmcnt&.

(b) the Department of the Speaker,.(c) the Department of the~er5eant at Arms,(d) the Department of the Library,.Ce) the Administration Department,~(J) the Department of the Official Report of the House of

Commons,and any other House Department provided for under subsection(3) below.

• (2) In this section “the Department of the Official Report ofthe House of Commons” means that branch of the Departmentof the Speaker which immediately before the passing of this Acthad the function of producing that report, and accordirigly. onthat passing that branch shall become a separate departmentand shall cease to be part of the Department of the Speaker,without preJudice however to any power exercisable by theCommission in relation to either department under subsection(3) below.

(3) The Commission may from time to time—

(a) increase or reduce the~ dumber of House Departments,

.(b) allocate functions to any House Department,

(c) for those purposes make such arrangements for and inconnection with the creation, division, amalgamationor abolition of any House Department (including onecreated after the passing of this Act) as appear to theCommission expedient.

(4) The Commission may from time to time direct that all orany of the provisions of this Act relating to staff in the HouseDepartments shall apply to any office or post which is not in aHouse Department but falls within subsection (5) below, and tothe staff appointed, or to be appointed, to any such office or post,and may further direct that the holder of any such office orpost shall be treated as having been appointed by theCommission.

(5) An office or post falls within this subse~tion if staffappointed to it are employed in or for the purposes of the Houseof Commons.

(6) Subsection (4) above does not apply to the 1iower toappoint, or the tenure of office of, Mr. Speaker’s personal staff.

APPENDIX “C”,Page 6.

EXTRACT FROM:The Legislative Assembly Act (Ontario)

84.—(1) There shall be a Board of Internal Econom~~conom7. composed of,C~npo~tt~ou

(a) the Speaker, who shall be the chairman;

(b) three commissioners appointed 1w the LieutenantGovernor in Council from among the members ofthe Executive Cound!; and

(c) three commissioners appointed.

(i~ one from the caucus of the Government. bythat caucus, -

(ii) one from the caucus of the Official Opposition.by that caucus~ and

(iii) one from the caucus of the party having thethird largest membership in the Assemblyothcr than a party referred to in subclauscs(1) and (ii), by that caucus,

and the name of each person appointed shall becommunicated to the Speaker within ten days afterbeing appointed.

(2) The nai-ne and office of each member appointed asa commissioner shall be comrnunkated by message from tobe

- , coI~~uDj.the Lieutenant Governor in Council to the Assembly,

— toA,,~-tmbi7

(3) A quorum of the Board consists, of the Speaker, one Quo~mn

commissioner appointed from among the members of the- Exectaive Cdu,ncli and one other commissioner. 1974, c. 116.

s.3. part.

85. The Board of Internal Economy may determine its °~~‘°

rules and methods of procedure and shall keep a minutebook in which shall be recorded the proceedings of theBoard. 1974, c. 116, s. 3, ,~ari.

86. The Board of Internal Economy may require anyoffice, agency, commission or select committee of the ~±1~7~Assembly whose estimates of moneys required are subjectto review by the Board to submit to the Board on a monthlybasis statements that set out current expenditures and forecast future expenditures and every such o~ce, agency.commission and select committee shall submit the’ statements when so required.. 1977. c. 69, s. 2.


87. The Board of Internal Economy has the power andduty,

(a) to review estimates and forecasts, analyses ofrevenues. expenditures. commtments and otherdata pertaining to the Office of the Assembly and toassess the results thereof;

(b) to approve the organzation and staff establishment for the Office of the Assembly:

(c) to apprcvc and review administrative poflcies andpxoccdures in relation to the operation of the Officeof the Assernbly

(d) to advise upon all matters related to the management, administration, accounting and collectionand disbursement of moneys associated with theLegislative Assembly Fund;

(c) lo advise upon the retention and disposal of recordsexcept cancelled cheques; and

(f) to advise upon and give directions in relation toany matter the Board considers necessary for theefficient and effective operation of the Office ofthe Assembly,

and, if considered desirable, it may report on any of suchmatters to the Assembly. 1974. c.. 116. s. 3, tart.

88. The Board of Thtemai Economy may authorize thetransfer of moneys from one item o’fthe estimates of theOffice of the Assembly to another item within the samevote and the Provincial Auditor shall make special mentionin his report of any transfer under this ~tson: 1974. ~. 116,5. 3; p~4.

~~tJ.t~oU S9.—(I) Sub.~ect to the approval of the Board of Internal~ c~i- Economy, the Speaker may,rio rs of

~pJoy~~flt(a) establish job classifications and salary ranges:

(b) provide a system of cumulative vacation and sickleave credits for regular attendance and paymentsin respect of such credits:

(c) provide for the establishment of plans for grouplife insurance, medical-surgical insurance or long-term income protection;


(ri) provide for the granting of leave of absence; and

(€) prescribe any other terms and conditions ofemployment,

for employees of the Office of the Assembly.

App1ir~rSon (2) The employee benefits appikable from time to time to thecf ~mp1oscf~ ~g pubhc servants of Ontano with respect to the matters referred to

in clatises (1) (b), (C) arid (d) apply or continue to apply, as the casemay be, to the permaz~ent and full-time employees of the Office ofthe Assembly until a plan or system in relation to the same subject—matter is provided by the Speaker under this Act, and where anysuch beneflts are prov~dcd for in regulations made under the

Public Service Act, the Speaker, or any person authodzed inwriting by him, may eccrdsc the powers and duties of a MInisteror Deputy Minister or of the Civil Service Commission under suchregulations. 1974, c. 116,s. 3,pw~t.

APPENDIX “D”,Page 1.

APPENDIX “U”

STATUTORY PROVISIONS RE:

CONTINUING SPEAKER’ S AUTHORITY

i. House of Commons Act (Canada) Section 15:

“The person who fills the office of Speakerat the time of any dissolution of parliament,shall, for the purposes of the followingprovisions of this Act, be deemed to beSpeaker until the Speaker is chosen by thenew Parliament.”

2. National Assembly Act (Quebec) Section 34:

“The person holding the office of President,at the tine of any dissolution of theAssemb1~e Nationale, shall be deemed to bethe President and shall retain his powersas such until the day fixed by proclamationfor the dispatch of business, and for thepurposes of internal economy of the Assembl~eNationale shall be deemed to be Presidentuntil a President has been appointed by thenew Assemblée.”

3. House of Commons Act (The United Kingdom):

“provided always, that in thecase of anydissolution of Parliament, the Speaker ofthe House of Commons at the time of suchdissolution shall for the purposes ofthis Act, be deemed to be the Speaker ofthe House of Commons until a Speaker shallbe chosen by the new parliament.”

APPENDIX t~DT?,Page 2.

4. Parliamentary Presiding Officers’ Act(Australia):

“Where either House of the Parliament is dissolved, the person, if any, who was the presiding Officer of that House immediately before dissolution shall, for the purposes ofthe exercise of any powers or functions bythe presiding Officer of that House undera law of the Commonwealth, be deemed tocontinue to be presiding Officer of thatHouse until a presiding Officer is chosenby that House.”

5. Constitution Act (South Australia):

“In case of any dissolution of Parliamentthe Speaker of the House of Assembly atthe time of the dissolution shall be, andshall be deemed to be the Speaker of theHouse until the first meeting of the newParliament, unless he is not re-electeda Member of the House; and the Chairmanof Committees, at the time of dissolutionshall be, and shall be deemed to be, theChairman of Committees until the firstmeeting of the new Parliament, unless heis not re-elected a Member of the House.”

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