Resource Guide: Dissolution of Parliament

SENATORS RESOURCE GUIDE:

Allowances, Entitlements and Administrative Services PROROGATION AND DISSOLUTION OF PARLIAMENT

April 28, 2008 CONFIDENTIAL VIII - 1

VIII. Prorogation and Dissolution of Parliament

TABLE OF CONTENTS

1. Introduction ............................................................................................................................. 2

2. Constitutional Considerations ................................................................................................. 2

3. Implications for Use of Senate Resources .............................................................................. 3

4. Senators, Staff and Elections .................................................................................................. 4

4.1. Senators ............................................................................................................................ 4

4.2. Senators Staff .................................................................................................................. 5




1. Introduction

This chapter outlines the resources available to a senator and the restrictions that exist on their

use during a prorogation or dissolution of Parliament. (See Chapter I- Structure and Governance

for more information on the use of Senate resources.)

2. Constitutional Considerations

Prorogation Prorogation is the ending of a session by proclamation of the Governor General

within a Parliament.

Dissolution Dissolution is the formal ending of a Parliament by proclamation of the

Governor General. Dissolution is followed by a general election, set in

accordance with the Canada Elections Act.

Proclamations

Unlike in the House of Commons, members of the Senate do not cease to be

members during dissolution. Dissolution has no impact on the salary, benefits

and budgets senators are entitled to as members of the Senate.

The proclamation that prorogues or dissolves Parliament is also addressed to

senators and discharges them from their meeting and attendance. Therefore,

the Senate as an assembly is effectively dissolved and cannot meet.

End of

business

With prorogation or dissolution, all business of the Senate is terminated.

Attendance The Attendance Register is not kept during months in which Parliament is

prorogued or dissolved. (See Chapter II for more information on attendance.)

Political

officers

The Speaker of the Senate and Speaker pro tempore remain in place until they

are replaced, as do the House Officers (Leader, Deputy Leader and Whip) on

both sides of the Chamber.

Committees All standing, special and legislative committees of the Senate and House of

Commons are terminated upon the prorogation or dissolution of Parliament,

with the exception of the Standing Committee on Internal Economy, Budgets

and Administration (Internal Economy Committee), which continues to exist in

accordance with the Parliament of Canada Act.

All business before committees is ended. A committee may not hold hearings,

produce reports or travel during a prorogation or dissolution.




Membership in committees is dissolved. The Chairs and Deputy Chairs, except

in the case of the Internal Economy Committee, cease to hold their positions

and cease to be remunerated.

Internal

Economy

Committee

Pursuant to the Parliament of Canada Act, the Internal Economy Committee

continues to exist and operate during periods of prorogation and dissolution.

The committee is authorized by the Parliament of Canada Act to act on all

financial and administrative matters respecting the Senate, its members, its

premises, its services and its staff.

Senators who are members of this committee remain members as if there had

been no prorogation or dissolution; however, the Leadership may change the

membership from time to time in accordance with the Rules of the Senate.

Committee on

Conflict of

Interest for

Senators

While the Committee on Conflict of Interest for Senators is dissolved like other

Senate committees during a prorogation or dissolution of Parliament, the

Conflict of Interest Code for Senators provides for a Senate Intersessional

Authority on Conflict of Interest with a mandate to provide general direction to

the Senate Ethics Officer. (See Chapter II for more information on conflict of

interest.)

Administration Prorogation and dissolution have no effect on the operations and functioning of

the Senate Administration.

3. Implications for Use of Senate Resources

Parliamentary

functions

Senate resources are to be used at all times solely to carry out a senators parliamentary functions, which are defined in the Senate Administrative Rules

as duties and activities related to the position of a senator, wherever

performed, including public and official business and partisan matters, but

excluding activities related to the election of a member of the House of

Commons or the private business interests of a senator.

Partisan

matters

Senate resources may not be used for partisan matters that are non-

parliamentary in nature such as nomination campaigns and election

campaigns.

Salary and

benefits

Sessional allowances, insurance and health coverage, deductions and pension

contributions all continue uninterrupted during a dissolution or prorogation.




Travel Senators may claim for travel expenses and living expenses in the National

Capital Region during a period of prorogation or dissolution if the travel to

Ottawa is to carry out their parliamentary functions.

Senators offices, budgets

and staff

Senators offices and budgets may be used, and staff may continue to serve, provided that these resources are used to carry out the senators parliamentary functions.

Committee staff Committee staff under contract to provide services to a committee must have

their contract terminated upon dissolution or prorogation of Parliament.

Postal services Senators may continue to use their franking privileges for carrying out their

parliamentary functions during dissolution and prorogation.

Printing At no time, including during prorogation or dissolution, may Senate printing

services be used to copy or print material that is partisan in nature. This

includes documents on party letterhead or containing party logos, party

publications and announcements and letters of solicitation for party

membership or donations.

Supplies and

services

Stationery, supplies, equipment and all other services provided by the Senate

Administration continue to be available during prorogation or dissolution for

regular office needs.

4. Senators, Staff and Elections

4.1. Senators

Voting Senators are required under the Constitution Act, 1867 to be a resident of the

province or territory for which they are appointed. As a resident of the province

for which they are appointed, senators must vote in their home province.

As candidates Under the Constitution Act, 1867, senators are not eligible to sit in the House of

Commons.

Political

contributions

Senators are not eligible contributors to a registered party, other than as private

individuals. Senators may not use Senate resources to contribute to a political

campaign or to cover election expenses.

Campaigning Expenses of senators incurred while campaigning on behalf of a party must be

paid by the registered party.




4.2. Senators Staff

Voting The Canada Elections Act requires employers to ensure that employees have

three (3) consecutive hours to vote during the period that the polls are open.

As candidates An employee on the staff of a senator may participate in partisan activities, with

the permission of the senator, but only outside of normal working hours and not

on Senate-paid time.

An employee wishing to run for a party nomination or as a candidate in an

election, particularly a federal election, must seek permission from the senator

who employs him or her and from the Internal Economy Committee.

No employee may use the name of the Senate or Senate resources, including

paid time or a Senate office or Senate equipment, to run for nomination or for

office.

Senators staff who run for a nomination or for office are expected to take a leave of absence without pay in order to avoid any possible perception of using

Senate resources inappropriately.

An employee who runs for and is elected to federal office ceases to be an

employee on the day that he or she is declared elected.

Campaigning Senators staff may campaign for a political party without taking a leave of absence without pay, provided that they avoid campaigning during normal

working hours. They must campaign only on their own time, be it after work, on

paid leave such as vacation leave, or on leave without pay.

No employee may use the name of the Senate or Senate resources, including

paid work time or a Senate office or equipment, to campaign for a political

party. Every effort must be made to avoid the perception of Senate resources

being used inappropriately.

Documents

Resource Guide: Dissolution of Parliament