Committee of Selection

12-1. At the beginning of each session, the Senate shall appoint a Committee of Selection composed of nine Senators. The initial membership of the committee, as well as any subsequent change to the membership of the committee, shall, as nearly as practicable, be proportionate to the membership of the recognized parties and recognized parliamentary groups. Senators who are not members of such a party or group shall, for this purpose only, be treated as if they were members of a separate group. For greater certainty, the ex officio members of the committee shall not be taken into account when considering proportionality.

12-2. (1) Except as otherwise provided, the Committee of Selection shall present a report on its nomination of Senators to serve on the standing committees and the standing joint committees.

EXCEPTION

Rule 12-26(1): Appointment of committee

12-2. (2) Except as otherwise provided, once the report is adopted by the Senate, Senators appointed to the standing committees and the standing joint committees shall serve for the duration of the session.

EXCEPTION
Rule 12-5: Membership changes

12-2. (3) The Committee of Selection is empowered to inquire into and report on any other matter referred to it by the Senate, and also has the power:

(a) to publish from day to day such papers and evidence as may be ordered by it; and
(b) to propose to the Senate from time to time changes in the membership of a committee.

12-2. (4) For greater certainty, the Committee of Selection is neither a standing nor a special committee.

12-2. (5) The quorum of the Committee of Selection shall be six of its members.

Membership of Committees

12-3. (1) Except as provided in subsections (2) and (3), twelve members shall be appointed to each standing committee.

12-3. (2) The number of members appointed to the following standing committees shall be as indicated:

(a) the Standing Committee on Internal Economy, Budgets and Administration, 15 Senators;
(b) the Standing Committee on Rules, Procedures and the Rights of Parliament, 15 Senators;
(c) the Standing Senate Committee on Official Languages, nine Senators;
(d) the Standing Senate Committee on Human Rights, nine Senators;
(e) the Standing Senate Committee on National Security, Defence and Veterans Affairs, nine Senators;
(f) the Standing Committee on Ethics and Conflict of Interest for Senators, five Senators; and
(g) the Standing Committee on Audit and Oversight, three Senators and two external members.

12-3. (3) In addition to the membership provided for in subsections (1) and (2), and subject to the provisions of subsection (4), the Leader or Representative of the Government, the Leader of the Opposition, and the leaders or facilitators of the three recognized parties or recognized parliamentary groups with the most members, other than, if applicable, the recognized parties or recognized parliamentary groups to which either the Leader or Representative of the Government, or the Leader of the Opposition belongs, are ex officio members of all committees except the Standing Committee on Ethics and Conflict of Interest for Senators, the Standing Committee on Audit and Oversight, and the joint committees. For the purposes of this provision, in case of absence, the Leader or Representative of the Government is replaced by the Deputy Leader or Legislative Deputy of the Government, the Leader of the Opposition is replaced by the Deputy Leader of the Opposition, and the leader or facilitator of any other recognized party or recognized parliamentary group is replaced by that Senator’s deputy leader or deputy facilitator.

12-3. (4) Of the ex officio members of committees provided for in subsection (3), only the Leader or Representative of the Government, and the Leader of the Opposition, or, in their absence, their respective deputies, shall have the right to vote.

12-3. (5) No Senator shall be a member of both the Standing Committee on Internal Economy, Budgets and Administration and the Standing Committee on Audit and Oversight.

12-4. The number of Senators appointed to the following standing joint committees shall be recommended by the Committee of Selection:

(a) the Standing Joint Committee on the Library of Parliament; and
(b) the Standing Joint Committee for the Scrutiny of Regulations.

REFERENCES
Parliament of Canada Act, sections 74 and 78
Statutory Instruments Act, sections 19 and 19.1

12-5. Changes in the membership of a committee, except for the ex officio members and members of the Standing Committee on Ethics and Conflict of Interest for Senators and the Standing Committee on Audit and Oversight, may be made by notice filed with the Clerk, who shall have the notice recorded in the Journals of the Senate. The notice shall be signed by:

(a) the Leader or Representative of the Government or a designate for a change of government members;
(b) the Leader of the Opposition or a designate for a change of opposition members; or
(c) the leader or facilitator of any other recognized party or recognized parliamentary group, or a designate, for a change of members of that party or group.

12-6. (1) Except as provided in subsection (2) and elsewhere in these Rules, the quorum of a standing committee shall be four of its members.

EXCEPTION
Rule 12-26(2): Quorum of Committee

12-6. (2) The quorum of the Standing Committee on Audit and oversight shall be two Senators and one external member, except in the case of the organization meeting or when the committee is meeting to consider a report to the Senate nominating its external members. For these meetings the quorum shall be three Senators.

Standing Committees of the Senate

12-7. The Senate shall appoint the following standing committees:

12-7. (1) the Standing Committee on Internal Economy, Budgets and Administration, which shall be authorized:

(a) to consider, on its own initiative, all financial and administrative matters concerning the Senate’s internal administration, and
(b) subject to the Senate Administrative Rules, to act on all financial and administrative matters concerning the internal administration of the Senate and to interpret and determine the propriety of any use of Senate resources;

12-7. (2) the Standing Committee on Rules, Procedures and the Rights of Parliament, which shall be authorized:

(a) to propose from time to time, on its own initiative, amendments to the Rules for the consideration of the Senate,
(b) to examine any question of privilege referred to it by the Senate, and
(c) to consider the orders and practices of the Senate and the privileges of Parliament;

12-7. (3) the Standing Committee on Ethics and Conflict of Interest for Senators, which shall be authorized:

(a) to exercise general direction over the Senate Ethics Officer, and
(b) to be responsible, on its own initiative, for all matters relating to the Ethics and Conflict of Interest Code for Senators, including all forms involving Senators that are used in its administration, subject to the general jurisdiction of the Senate;

12-7. (4) the Standing Committee on Audit and Oversight, which, for the purposes of integrity, independence, transparency and accountability, shall be authorized, on its own initiative, to:

(a) retain the services of and oversee the external auditors and internal auditors;
(b) supervise the Senate’s internal and external audits;
(c) report to the Senate regarding the internal and external audits, including audit reports and other matters;
(d) review the Senate Administration’s action plans to ensure:

(i) that they adequately address the recommendations and findings arising from internal and external audits, and
(ii) that they are effectively implemented;

(e) review the Senate’s quarterly financial reports and the audited financial statements, for information purposes; and
(f) report at least annually with observations and recommendations to the Senate;

12-7. (5) the Standing Senate Committee on Official Languages, to which may be referred matters relating to official languages generally;

12-7. (6) the Standing Senate Committee on Foreign Affairs and International Trade, to which may be referred matters relating to foreign relations and international trade generally;

12-7. (7) the Standing Senate Committee on National Finance, to which may be referred matters relating to federal estimates generally, the public accounts and reports of the Auditor General, and government finance generally;

12-7. (8) the Standing Senate Committee on Transport and Communications, to which may be referred matters relating to transport and communications generally;

12-7. (9) the Standing Senate Committee on Legal and Constitutional Affairs, to which may be referred matters relating to legal and constitutional matters generally;

12-7. (10) the Standing Senate Committee on Banking, Commerce and the Economy, to which may be referred matters relating to banking, trade, commerce and the economy generally;

12-7. (11) the Standing Senate Committee on Social Affairs, Science and Technology, to which may be referred matters relating to social affairs, science and technology generally;

12-7. (12) the Standing Senate Committee on Agriculture and Forestry, to which may be referred matters relating to agriculture and forestry generally;

12-7. (13) the Standing Senate Committee on Fisheries and Oceans, to which may be referred matters relating to fisheries and oceans generally;

12-7. (14) the Standing Senate Committee on Energy, the Environment, and Natural Resources, to which may be referred matters relating to energy, the environment, natural resources and climate change generally;

12-7. (15) the Standing Senate Committee on Indigenous Peoples, to which may be referred matters relating to the Indigenous peoples of Canada;

12-7. (16) the Standing Senate Committee on Human Rights, to which may be referred matters relating to human rights generally; and

12-7. (17) the Standing Senate Committee on National Security, Defence, and Veterans Affairs, to which may be referred matters relating to national security, defence and veterans affairs generally.

Orders of Reference to Committees

12-8. (1) Any bill, message, petition, inquiry, paper or other matter may be referred to any committee as the Senate may order.

12-8. (2) When the Leader or Representative of the Government, or the Deputy Leader or Legislative Deputy of the Government tables a service fee proposal, it is deemed referred to the standing or special committee designated by them following consultations with the Leader or Deputy Leader of the Opposition, and the leader or facilitator of any other recognized party or recognized parliamentary group, or the designate of such a leader or facilitator.

REFERENCE
Service Fees Act, subsection 15(1)

Powers of Standing Committees and Standing Joint Committees

12-9. (1) Standing committees and standing joint committees are empowered to inquire into and report on such matters as may be referred to them by the Senate.

12-9. (2) Standing committees and standing joint committees are empowered:

(a) to send for persons, papers and records; and
(b) to publish from day to day such papers and evidence as may be ordered by them.

12-9. (3) The Standing Committee on Audit and Oversight may review the in camera proceedings of other Senate committees, including any transcripts of meetings, as they relate to the mandate of the Audit and Oversight Committee.

Special and Legislative Committees

12-10. (1) Special committees may be appointed from time to time with such terms of reference, powers and duties as the Senate shall determine.

12-10. (2) Except as otherwise provided, a Senator on whose motion a bill, petition or other matter is referred to a special committee may be appointed to that committee if the Senator so desires.

EXCEPTION
Rule 15-7(2): Restrictions if declaration of interest

12-11. A legislative committee shall be composed of no more than 12 members.

Subcommittees

12-12. (1) A committee may appoint from among its members one or more subcommittees.

12-12. (2) A subcommittee shall be composed of no more than half the membership of the committee.

12-12. (3) A subcommittee shall have a quorum of three members.

12-12. (4) The rules applicable in the committee shall apply in the subcommittee with such modifications as the circumstances require.

12-12. (5) Except when considering a bill clause by clause, a subcommittee may meet in camera whenever it so determines and without public notice.

12-12. (6) A subcommittee shall report to the committee that appointed it.

Meetings

12-13.(1) Except as provided in subsection (2), once the Senate has agreed to the membership of a committee, the Clerk of the Senate shall, as soon as practicable, call an organization meeting of the committee at which it shall elect a chair.

12-13.(2) In the case of the Standing Committee on Audit and Oversight, the Clerk of the Senate shall, as soon as practicable after the Senate has agreed to the Senators to serve on the committee, call an organization meeting of the committee at which it shall elect a chair, without the external members having been nominated.

12-13.(3) The chair of the Standing Committee on Audit and Oversight shall be a Senator who is not a member of the recognized party or recognized parliamentary group to which the chair of the Standing Committee on Internal Economy, Budgets and Administration belongs.

12-13.(4) After electing its chair and deputy chair, the Standing Committee on Audit and Oversight may, until the Senate has named the external members, only meet to consider a draft report to the Senate nominating the external members for the committee. A former Senator or former member of the House of Commons is not eligible for nomination as an external member. This report must be agreed to by all three Senators who are members of the committee. The report shall include recommendations on remuneration and permissible expenses for the external members, which shall be paid from Senate funds once the report is adopted by the Senate. A similar process shall be followed if a vacancy arises in the position of external member over the course of the session.

12-14. (1) Except as provided in subsection (2) and elsewhere in these Rules, a Senator who is not a member of a committee may attend and participate in its deliberations, but shall not vote.

EXCEPTIONS
Rule 12-27(2): Participation of non-members
Rule 15-7(2): Restrictions if declaration of interest
Rule 16-3(6): Speaking at conferences

12-14. (2) Senators who are not members of the Standing Committee on Audit and Oversight shall not attend or participate in its meetings, unless they are appearing as witnesses.

12-15. (1) A public notice shall be posted of every committee meeting.

12-15. (2) Except as otherwise provided, all meetings shall be held in public. Unless otherwise ordered, the public may attend a public meeting of a committee or a subcommittee.

EXCEPTIONS
Rule 12-16(1): In camera meetings
Rule 12-16(3): In camera meetings of joint committees
Rule 12-27(1): In camera meetings

12-16. (1) Except as provided in subsections (2) and (3) and elsewhere in these Rules, a committee may meet in camera only for the purpose of discussing:

(a) wages, salaries and other employee benefits;
(b) contracts and contract negotiations;
(c) labour relations and personnel matters; and
(d) a draft agenda or draft report.

EXCEPTION
Rule 12-27(1): In camera meetings

12-16. (2) The Standing Committee on Audit and Oversight shall meet in camera whenever it deals with the in camera proceedings of another committee.

12-16. (3) A joint committee may meet in camera whenever the joint committee so determines.

12-17. A quorum is required whenever a committee makes a decision. However, a Senate committee may authorize the chair to hold meetings without a quorum for the purpose of receiving and publishing evidence.

12-18. (1) Except as otherwise ordered by the Senate, a Senate committee may meet on days the Senate sits, but it shall not meet during a sitting of the Senate.

12-18. (2) Except as provided in subsection (3) and elsewhere in these Rules, a Senate committee may meet:

(a) when the Senate is adjourned for more than a day but less than a week, provided that notice was given to the members of the committee one day before the Senate adjourned; or
(b) on a Monday the Senate does not sit that precedes a Tuesday on which the Senate is scheduled to sit; or
(c) during other periods the Senate is adjourned and that are not covered by the above provisions, provided that the meeting was either:

(i) by order of the Senate, or
(ii) with the agreement, in response to a request from the chair and deputy chair, of a majority of the following Senators, or their designates: the Leader or Representative of the Government, the Leader of the Opposition, and the leaders or facilitators of the three recognized parties or recognized parliamentary groups with the most members, other than, if applicable, the recognized parties or recognized parliamentary groups to which either the Leader or Representative of the Government, or the Leader of the Opposition belongs.

EXCEPTION
Rule 12-28: Adjournment of the Senate

12-18. (3) The Standing Committee on Audit and Oversight may meet during any adjournment of the Senate.

12-19. (1) A committee may adjourn from time to time.

12-19. (2) A committee may travel and adjourn from place to place outside the parliamentary precinct if authorized to do so by the Senate.

Committee Procedures

12-20. (1) In Senate committees:

(a) Senators wishing to speak shall address the chair;

(b) a motion does not require a seconder;

(c) all motions shall be decided by majority vote, including the vote of the chair, and when the votes are equal, the motion is defeated; and

(d) notice of a motion or an amendment shall not be required.

12-20. (2) The external members of the Standing Committee on Audit and Oversight may participate in all proceedings of the committee, but shall not vote on any motion put to the committee.

12-20. (3) Before a recorded vote in committee, the chair shall announce the names of Senators present who have made and not retracted a declaration of private interest on the matter to be voted on, and their names shall not be called except to abstain.

12-20. (4) Except with leave of its members present, a committee shall not dispense with clause-by-clause consideration of a bill.

12-20. (5) No Senate committee shall adopt procedures inconsistent with the Rules or practices of the Senate.

Committee Reports

12-21. (1) Except as provided in subsection (7), a report of a Senate committee shall contain the conclusions agreed to by majority.

12-21. (2) Except as provided in subsection (8) and elsewhere in these Rules, a committee report shall be presented or tabled in the Senate by the chair or by a Senator designated by the chair.

EXCEPTION
Rule 12-30: Report deposited with the Clerk

12-21. (3) A committee report that is only for the purpose of information shall be tabled in the Senate. A tabled report may, by motion,be placed on the Orders of the Day for future consideration.

12-21. (4) No debate is allowed when a committee report is presented or tabled in the Senate.

12-21. (5) If a service fee proposal has been referred to a properly appointed and constituted committee, and that committee does not report within 20 sitting days following the day it received the order of reference, it shall be deemed to have recommended approval of the service fee.

REFERENCE
Service Fees Act, subsection 15(3)

12-21. (6) If a motion to adopt a tabled report is moved only after consideration of the report has started, any Senator who spoke on the consideration of the report before the motion was moved may speak to the motion, but only for a maximum of five minutes.

12-21. (7) Any member of the Standing Committee on Audit and Oversight, including an external member, shall have the right to include individual observations and dissenting opinions in any report of the committee if the member so wishes.

12-21. (8) A report of the Standing Committee on Audit and Oversight may be deposited with the Clerk at any time the Senate stands adjourned, and the report shall be deemed to have been presented or tabled in the Senate.

12-22. (1) A committee to which a bill has been referred shall report the bill to the Senate. The report shall set out any amendments that the committee is recommending.

12-22. (2) A report on a bill without amendment shall be considered adopted upon presentation, and a Senator shall move that the bill be read a third time on a future day.

12-22. (3) When a committee report recommends amendments to a bill, or makes proposals that require the approval of the Senate, the report shall, by motion, be placed on the Orders of the Day for future consideration.

12-22. (4) The Senator presenting a committee report recommending amendments to a bill shall explain the purpose and effect of each amendment.

12-22. (5) When a committee report recommends that the Senate not proceed further with a bill, the report must state the reasons for this. If the report is adopted, the Senate shall not proceed further with the bill.

Government Responses to Reports

12-23. (1) The Senate may request a complete and detailed response from the Government to a report of a standing or special committee that has been adopted by the Senate. This request may be:

(a) contained in the report itself;
(b) contained in the motion to adopt the report; or
(c) made by a separate motion moved after the report has been adopted.

12-23. (2) When the Senate requests a Government response, the Clerk shall communicate the request and send a copy of the report to the Leader or Representative of the Government and to each minister expressly identified in the request.

12-23. (3) The Leader or Representative of the Government shall table the Government’s response no later than 150 calendar days after the request was adopted, or provide an explanation why the response has not been provided.

12-23. (4) The report and either the Government’s response or the explanation why there is no response shall be deemed referred to the relevant committee when either is tabled or provided.

12-23. (5) If, 150 calendar days after the request was adopted, the Government has neither tabled its response nor provided an explanation why there is no response, then the report and the absence of a response or an explanation shall be deemed referred to the relevant committee.

Committee Expenditures

12-24. The Clerk is authorized to pay witnesses invited or summoned before a Senate committee a reasonable sum for their living, travelling and such other expenses authorized by the Standing Committee on Internal Economy, Budgets and Administration, upon the certificate of the clerk of the committee.

12-25. The financial operations of Senate committees shall be governed by the Senate Administrative Rules.

Standing Committee on Ethics and Conflict of Interest for Senators

12-26. (1) As soon as practicable at the beginning of each session, the Leader or Representative of the Government shall move a motion, seconded by the Leader of the Opposition, and the leader or facilitator of the recognized party or recognized parliamentary group with the most members, other than, if applicable, the recognized parties or recognized parliamentary groups to which either the Leader or Representative of the Government, or the Leader of the Opposition belongs, on the membership of the Standing Committee on Ethics and Conflict of Interest for Senators. This motion shall be deemed adopted without debate or vote, and a similar motion shall be moved for any substitutions in the membership of the committee.

REFERENCE
Ethics and Conflict of Interest Code for Senators, subsections 35(4) and (5)

12-26. (2) The quorum of the committee is three.

REFERENCE
Ethics and Conflict of Interest Code for Senators, subsection 35(2)

12-27. (1) Meetings of the committee shall be in camera unless the committee accepts the request of the Senator who is the subject of an inquiry report from the Senate Ethics Officer that the meeting be in public.

REFERENCE
Ethics and Conflict of Interest Code for Senators, subsections 36(1) and (2)

12-27. (2) When the committee is meeting in camera, only members of the committee or, by decision of the committee, a Senator who is the subject of an inquiry report may attend and participate in deliberations.

REFERENCE
Ethics and Conflict of Interest Code for Senators, subsections 36(3) and (4)

12-28. The committee may sit during any adjournment of the Senate.

12-29. (1) A motion to adopt a report of the committee concerning a Senator shall be deemed moved on the fifth sitting day following its presentation, if the motion is not moved earlier.

12-29. (2) No vote on a motion to adopt a report under this rule shall be taken until the earlier of the following:

(a) the fifth sitting day following the motion to adopt the report; or
(b) the Senator who is the subject of the report has spoken.

12-29. (3) For greater certainty, the Senate may refer a report of the committee back to the committee for further consideration.

REFERENCE
Ethics and Conflict of Interest Code for Senators, subsection 51(4)

12-29. (4) If a report of the committee deals with the conduct of a former Senator, he or she shall be invited to speak to the report as a witness before a Committee of the Whole.

REFERENCE
Ethics and Conflict of Interest Code for Senators, subsection 51(3)

12-29. (5) The Speaker shall put all questions necessary to dispose of a report under this rule when it is called no later than the fifteenth sitting day after a motion for adoption was moved.

12-29. (6) A Senator who is the subject of a report of the committee shall not vote on any motion relating to the report.

REFERENCE
Ethics and Conflict of Interest Code for Senators, subsection 51(5)

12-29. (7) Except as otherwise provided, when the questions to dispose of a report are put under subsection (5):

(a) if a standing vote is requested at or before 5:15 p.m., the vote shall be deferred until 5:30 p.m. on the same day, and the vote shall not be further deferred;
(b) if a standing vote is requested after 5:15 p.m. and before 5:30 p.m., it shall be deferred to the time that would allow for a 15 minute bell, and the vote shall not be further deferred; and
(c) if a standing vote is requested at 5:30 p.m. or later, it shall be deferred until 5:30 p.m. on the next sitting day, and the vote shall not be further deferred.

EXCEPTION
Rule 16-1(6): Standing vote may be postponed if in conflict with message

12-30. A report of the committee may be deposited with the Clerk at any time the Senate stands adjourned and the report shall be deemed to have been presented to the Senate at the next sitting.

Committee of the Whole

12-31. (1) A motion to resolve the Senate into a Committee of the Whole may be moved without notice.

12-31. (2) The proceedings of a Committee of the Whole shall be entered in the Journals of the Senate.

12-31. (3) The Rules and practices of the Senate shall apply in a Committee of the Whole with the following exceptions:

(a) Senators wishing to speak shall address the chair;
(b) Senators need not stand or be in their assigned place to speak;
(c) a Senator may speak any number of times;
(d) no Senator shall speak in debate for more than ten minutes at a time;
(e) any standing vote shall be taken immediately without the bells to call in the Senators;
(f) arguments against the principle of a bill shall not be admitted;
(g) no motion for the previous question or for adjournment shall be received; and
(h) except as otherwise provided, notice is not required for a motion or an amendment.

EXCEPTION
Rule 11-15: Notice of substantive amendments to private bills

12-31. (4) When a bill or other matter relating to the administrative responsibility of the government is being considered by a Committee of the Whole, a minister who is not a Senator may, on invitation of the committee, enter the chamber and take part in debate.

12-31. (5) Persons other than ministers may be invited to attend as witnesses before a Committee of the Whole.

12-32. (1) In a Committee of the Whole, a Senator may at any time move “That the chair do now leave the chair” or “That the chair do now report progress and ask leave to sit again”. When either motion is moved, the following conditions shall apply:

(a) the motion shall be decided immediately without debate or amendment; and
(b) if the motion is rejected, another motion to the same effect shall not be received unless an intermediate proceeding has taken place.

12-32. (2) If the motion “That the chair do now leave the chair” is adopted, the committee shall immediately rise. The chair shall make no report to the Senate, and the bill or other matter before the Committee of the Whole shall be dropped from the Orders of the Day.