Senate Committees Activities and Expenditures
Annual Report
1997-1998
Prepared by the Committees and Private Legislation Directorate
1998
PART I - GENERAL DATA
PART II - COMMITTEE PROFILES
PART III - HIGHLIGHTS OF SPECIAL STUDY REPORTS
PART IV - ATTENDANCE OF SENATORS AT PUBLIC MEETINGS DURING FISCAL 1997-1998
PART V - COMMITTEE EXPENDITURES
PART VI - PARLIAMENTARY ASSOCIATIONS - EXPENDITURES, MEETINGS AND CONFERENCES
PART VII - LIST OF SELECTED NEWSPAPER CLIPPINGS FOR THE FISCAL YEAR 1997-98
PART VIII - DIRECTORATE ORGANIZATION
The Senate Committee Structure
Committees are established by and receive their authority from the Senate and the authority of the Senate overrides that of any Committee. While issues are debated in the Senate among Senators, it is in Committee where public matters are discussed directly with Canadians and examined in detail. The work of Senate Committees is generally regarded as important and effective. For example, the Special Joint Committee on a Renewed Canada (Beaudoin-Dobbie) in its 1992 report concluded that:
"A number of our witnesses have noted the achievements of the current Senate in the investigation of policy issues. These also receive special mention in the federal government’s proposal which applauds the work of Senate Committees in the investigation of policy issues. In our view this function... is directly related to the basic role of the Senate. Committee investigations... are an indispensable means for identifying and representing the concerns of Canadians." (p. 43)
In his book the Parliament of Canada (1989), Queens University Professor C.E.S. Franks commented favourably on the work of Senate Committees. He noted there were a number of reasons for their success: "... first, many extremely able and experienced Canadians sit in the Senate and contribute to this investigation work; second, investigations by the Senate are usually non-partisan; third, Senate investigations do not suffer from excessive exposure in the media ; fourth, Senators have the time and leisure to conduct diligent research and exhaustive analysis; and fifth, investigators can work on for many years., immune from the vagaries and demands of the electoral process... Competence, freedom from competing demands on energy, low partisanship, and an absence of pressures of time and fears about re-election, are the keys to successful Senate investigations." (pp. 188-190)
Others have also noted the effectiveness of Senate Committees. Robert and Doreen Jackson in Politics in Canada: Culture, Institutions, Behaviour and Public Policy (1986) have written:
"...aspects of Senate Committee work have often been cited as beneficial to Canadian society and have increased the status of the upper house. From time to time, the Senate establishes special committees to investigate key social issues and to make recommendations for new policy initiatives. ... Senate Committees... helped to build social consensus around particular problems and alternate responses." (pp 345-346)
As well, Professor F.A. Kunz, of McGill University, author of the Modern Senate of Canada, 1925-1963, made the following comment:
"The role of the committees in the Senate is a reflection of the composition of the Senate and the manner in which it is composed. We all know that structure includes both standing and special committees. Some committees have been of the highest quality and importance throughout the years..." (Keynote Address: Senate Committees Professional Development Workshop, 1991, p. 5).
The Committees and Private Legislation Directorate, which supports Senate Committees, operates in a public service environment and deals with a variety of groups and individuals. The following diagram indicates the main centres of the Directorate’s activities.
27 Standing, Special, Joint and Subcommittees (1997-98) |
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Senate (Reports, Procedural Projects, Committee Room Allocation, Procedural Duties in Senate Chamber) |
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Committees Directorate OPERATING EXPENDITURES
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Parliamentary Associations (NATO, IPU, Can-Europe, OSCE, Canada-France) |
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Target Groups |
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Committee Activities in 1997-98
Fiscal year 1997-98 was a very busy year. Despite the fact that formal Committee work was interrupted on April 28 due to the dissolution of the 35th Parliament and was not resumed until Parliament was recalled on September 22, Senate Committees presented more reports, studied more legislation, heard more testimony from witnesses per bill, undertook more special studies and printed more pages of original evidence than the five year average. Committees often met on days the Senate did not sit. While the Senate sat on 62 calendar days in 1997-98, Senate Committees held meetings on 95 calendar days.
Many important reports of interest to Canadians were tabled. Certain reports dealt with trade and commercial issues, such as the Foreign Affairs Committee report on the Importance of the Asia-Pacific Region for Canada and the Transport and Communications Committee report Wired to Win, which examined Canada’s international competitive position in telecommunications. Two reports dealt with pensions issues: Steadying the Course, by the Social Affairs, Science and Technology Committee which was concerned with the adjudication of pensions by the Department of Veterans Affairs; and the report The Canada Pension Plan Investment Board: Getting It Right by the Banking, Trade and Commerce Committee. Three reports dealt with educational matters: the report of the Special Joint Committee on the Amendment to Term 17 of the Terms of Union of Newfoundland, dealing with the proposed changes to the school system in Newfoundland; the report of Special Joint Committee on Amending Section 93 of the 1867 Constitution Act which dealt with proposed changes to the Quebec school systems; and the report of the Special Committee inquiring into state of post-secondary education in Canada. Other special study reports included (i) Summary of Concerns Regarding the Harmonized Sales Tax in certain Maritime provinces, by the Banking, Trade and Commerce Committee; (ii) Joint and Several Liability and Professional Defendants also by the Banking, Trade and Commerce Committee; (iii) the report on the application of the Official Languages Act in the National Capital Region by the Standing Joint Committee on Official Languages; and (iv) the report of the Special Senate Committee on the Cape Breton Development Corporation.
Many special studies were still proceeding at the end of fiscal year 1997-98 and had not yet been completed. These were: (i) issues relating to the harvest of the Boreal Forest by the Agriculture and Forestry Committee; (ii) the privatization and quota licensing in Canada’s fisheries by the Fisheries Committee; (iii) the future of the Canadian War Museum including its structure, budget, name and independence by the Social Affairs, Science and Technology Committee; (iv) the Federal Child Support Guidelines, by the Social Affairs, Sciences and Technology Committee; (v) the state of health care for war veterans and service men and women also by the Social Affairs, Science and Technology Committee; (vi) the state of transportation safety and security in Canada by the Transport and Communications Committee; (vii) the review of the economic, social and cultural importance of communications for Canada also by the Transport and Communications Committee; (viii) the issues relating to custody and access arrangements after separation and divorce by the Special Joint Committee on Child Custody and Access and (ix) the study of the Asia-Pacific Region for Canada by the Foreign Affairs Committee.
Study of Legislation
A total of 52 bills came before Senate Committees: five (5) Senate Government Bills, thirty-four (34) House of Commons Government Bills, nine (9) Senate Public Bills and four (4) Commons Public Bills. There were no Private Bills presented to Parliament during the year.
Many Government Bills are constitutionally required to be introduced first in the House of Commons since Section 53 of the Constitution Act 1867 states "Bills for appropriating any part of the Public Revenue, or for imposing any Tax or Impost, shall originate in the House of Commons". However, in 1997-98, five Government Bills not appropriating revenue or imposing taxes were introduced first in the Senate.
The introduction of these Bills gave added extra importance to the legislative work of Senate Committees since it made those Committees the first parliamentary forum where witnesses could discuss new government proposals. The five Senate Government bills were: Bill S-2 (Canadian Transportation Accident and Investi-gation and Safety Board); Bill S-3, (Pension Benefits Standards); Bill S-4 (Canada Shipping Act (maritime liability); Bill S-5 (Canada Evidence Act); and Bill S-9 (Depository bills and depository notes). Senate Committees proposed a total of 16 amendments to these government bills before they were sent down to the House of Commons.
While no formal amendments were proposed to the 34 Commons Government Bills examined, Senate Committees proposed recommendations or observations about their content to six of them (Bills: C-71, C-55, C-95, C-84, C-66 and C-32). Such recommendations, although they do not change a bill as a formal amendment would, often influence future policy decisions of the Government and Senate Committees usually do follow-up at an appropriate time. Sometimes influence is exerted without the adoption of either a recommendation or a formal amendment. For example, on December 9, the Banking, Trade and Commerce Committee agreed that with respect to its examination of Bill C-10 (Conventions for the avoidance of double taxation between Canada and a number of countries, including the Netherlands), the bill would only be adopted after receiving a letter from the Minister of Finance giving his assurance that Canada will not proceed with the ratification of the protocol with the Netherlands until the Committee was satisfied with respect to the article on mutual assistance in collection of taxes. (See Minutes of Proceedings, Banking, Trade and Commerce Committee, December 9, 1997)
As Members of Parliament, Senators often take a pro-active role in the legislative process and introduce bills themselves which are usually referred to Committee for detailed study. Many important private member's public bills were introduced by Senators during the year. On November 5, Senator Kenny introduced Bill S-6 (National Historic Park) which was referred to the Energy, Environment and Natural Resources Committee. On November 19, Senator Haidasz introduced Bill S-7 (Criminal Code - coercion in medical procedures that offend a person's religion or belief) which was referred to the Legal and Constitutional Affairs Committee. On November 26, Senator Haidasz also introduced Bill S-8 (Tobacco Act) which was referred to the Social Affairs, Science and Technology Committee. On December 3, Senator Di Nino introduced Bill S-10 (Excise Tax Act) which was referred to the Social Affairs, Science and Technology Committee. On February 10, Senator Cohen introduced Bill S-11 (Canadian Human Rights) which was referred the Legal and Constitutional Affairs Committee. On February 10, Senator Cools introduced Bill S-12 (Criminal Code - abuse of process) which was referred to the Legal and Constitutional Affairs Committee. On February 26, Senator Kenny introduced Bill S-13 (Levy to provide for the Canadian Tobacco Industry Community) which was referred to the Social Affairs, Science and Technology Committee. On March 25, Senator Tkachuk introduced Bill S-14 ( Self-government by the First Nations) which was referred to the Aboriginal Peoples Committee. A list of all legislation dealt with by the individual Committees is provided in this Annual Report.
Committee Travel to the Regions of Canada
In the performance of their constitutional functions as regional representatives, Senators through their Committees at times take testimony from witnesses first-hand at the local and regional levels. Such trips permit more people to be heard and provide Senators the opportunity to better familiarize themselves with the issues they are studying. During 1997-98, three major trips were undertaken. The Agriculture and Forestry Committee for its study of Bill C-4, the Canadian Wheat Board Act, traveled to Brandon on March 23-24, Regina on March 24-25, Saskatoon on March 25-26, Calgary on March 30-31 and Edmonton on March 31 and April 1 (1998). The Committee heard from over 100 individuals and organizations. The Banking, Trade and Commerce Committee traveled to Halifax, Nova Scotia on March 18 for hearings on the governance provisions contained in the Canada Pension Plan. The Subcommittee on Veterans Affairs in the course of its study on the state of health care for war veterans and service men and women made tours of Sunnybrook Hospital (North York, Ontario) on December 17, Ste-Anne de Bellevue Hospital (Ste-Anne de Bellevue, Québec) on December 18, and held meetings in Charlottetown, P.E.I. on December 19. As well as hearing from government and hospital officials, the Subcommittee took testimony from over 20 hospital residents.
International Visits
From February 6-15, the Banking, Trade and Commerce Committee traveled to the United Kingdom, Holland and Switzerland. The purpose of the trip was to gather information on recent legislative and regulatory reforms affecting the financial services sector in selected European countries. Particular emphasis was placed on the recent changes in the United Kingdom where the Labour Government had announced the creation of a Financial Services Authority. The Committee also pursued the question of bank mergers.
The Sub-Committee on Transportation Safety undertook two foreign visits: (1) to Washington, D.C., from April 21-24; and (2) to Amsterdam, London, Paris and Brussels from February 17-28. With respect to the Washington visit, meetings were held among others with the U.S. Federal Highway Administration, the Assistant Secretary for Aviation and International Affairs, and representatives of the National Transportation Safety Board. In Europe, sub-Committee members met with the European Union’s Joint Aviation Authority, the United Kingdom’s Civil Aviation Authority, and the Paris Airport Authority as well a a number of other officials.
Activity Indicators - Five-Year Average Comparisons
The following table describes various activities of Senate committees compared to the last five fiscal years.
ACTIVITY INDICATORS |
1997-98 |
1996-97 |
1995-96 |
1994-95 |
1993-94 |
5-year |
Meetings |
346 |
412 |
373 |
509 |
150 |
358.0 |
Reports |
112 |
105 |
110 |
95 |
100 |
104.4 |
Hours in committee |
668.4 |
793.6 |
747.3 |
1244.3 |
229.3 |
736.6 |
Witnesses |
1,322 |
1,631 |
1,023 |
2,370 |
414 |
1,352 |
Bills |
52 |
51 |
52 |
49 |
39 |
48.6 |
Hours per bill |
4.2 |
5.8 |
5.0 |
2.7 |
3.5 |
4.2 |
Hours per special studies |
7.0 |
15.3 |
16.8 |
53.2 |
4.9 |
19.4 |
Witnesses per bill |
11.6 |
14.3 |
10.2 |
6.1 |
7.1 |
9.9 |
Pre-Studies/Subject-matter |
0 |
0 |
1 |
3 |
5 |
1.8 |
Special Studies undertaken |
51 |
24 |
23 |
18 |
15 |
26.2 |
Printed Original Pages of Committee Evidence |
13,508 |
16,720 |
15,781 |
8,109 |
4,257 |
10,477 |
Procedures and Practices
While there were no formal changes made to the Rules of the Senate which affected the operation of Senate Committees during the year, a number of proposals were discussed. For example, on November 4 the Privileges, Standing Rules and Orders Committee agreed to examine the question of restructuring of Senate Committees, to consider new rules for Joint Committees, and to review the Senators Attendance Register in order that it better reflect the work of Senators in Committee. By the end of the fiscal year, these inquiries by the Committee had not yet been completed.
Communicating their work to Canadians
Most Committees requested from the Senate, and were granted, power to televise their proceedings. The granting of such power helps Committees better publicize their proceedings. Many of the meetings of the Banking, Trade and Commerce Committee, the Special Committee on DEVCO, the Child Custody and Access Joint Committee, the Legal and Constitutional Affairs Committee, the Subcommittee on Veterans Affairs, and the Joint Committees on the Quebec and Newfoundland Schools Questions were televised nationally on the Cable Public Affairs Channel (CPAC). The total hours of such broadcasts, 153.8 hours, was greater than ever before. A list of all CPAC broadcasts of Senate Committees during the year is included in this Report.
Senate Committees continued to experiment with videoteleconferencing. Such technology provides lower costs for public hearings and facilitates the appearance before committees for witnesses by reducing travel time. The Special Joint Committee on the Amendment to Term 17 of the Terms of Union of Newfoundland used videoteleconferencing on November 25 to hear testimony from student panels. Given its success, it is expected that greater use will be made of this technology in the future.
The Committees Directorate, in collaboration with Senate Information Services and Anjura Technology, implemented new touchscreen technology to allow Senators, staff, the media and visitors to the Senate precincts to access the very latest information on Senate committee proceedings. Information for each committee meeting, for example the date, time, room location, order of reference, and witnesses, can be immediately accessed as well as the background data on each committee such as the Chair, Deputy Chair, members, political affiliation and all previous orders of reference. This ‘Kiosk’ project is a valuable communication tool and will be developed more in the future to allow for greater information sharing to and from each personal workstation.
Senate Committees continue to print the Minutes and Evidence of their meetings and to post this information on the Internet. Individual Committee web sites can be accessed at comsen@sen.parl.gc.ca.
Parliamentary Associations
In addition to its Committee work, the Directorate was also responsible for the administration of five (5) parliamentary associations: the North Atlantic Assembly (NATO), the Inter-Parliamentary Union (IPU), Canada-Europe, the Organization on Security and Co-operation in Europe (OSCE), and Canada-France. Parliamentary Associations provide an opportunity for Senators to present Canadian policies and positions while learning about the challenges facing their international colleagues. The Directorate is also responsible for co-clerking the Joint Inter-Parliamentary Council (JIC) which is responsible for setting the administrative policies and budgets of the various parliamentary associations. A list of the conferences and meetings held by Senate administered parliamentary associations is included in this Report.
All data contained in this report was extracted from the Journals of the Senate, the proceedings of Senate committees and the records of the Finance Directorate.