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Members' Handbook

COMMITTEES

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29. COMMITTEES

Standing and Special Committees are an essential component of any modern parliamentary democracy. They allow the Assembly as a whole to refer complex matters to a smaller group of Members for detailed study and analysis. In our unique consensus system of government, Committees may act as a sounding board for the Executive Council prior to proceeding with legislative, budgetary or policy initiatives. Committees also allow for public input into important matters of public policy, including the consideration of proposed legislation and budgets, and they allow Members to develop expertise in certain specific areas.

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Committees are creatures and extensions of the House itself. Committees may only exercise those duties delegated to them by the House and must report their findings to the House only. The Legislative Assembly has three types of Committees:

  • Committee of the Whole;

  • Standing Committees; and

  • Special Committees.

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30. AUTHORITY

Committees of the Legislative Assembly are established pursuant to Section 44 of the Legislative Assembly and Executive Council Act and the direction of the House. As such, a Committee possesses no authority except that which it derives by delegation from the Assembly.

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Terms of references are established for each Standing Committee created, however, the Assembly may also refer any other matter, not covered by the terms of reference, to a Standing Committee by passing a resolution in the House. Committees can provide the public with an opportunity to make representations on certain matters.

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Committees are also authorized by the Rules of the Legislative Assembly to call for persons and documents and to examine witnesses.

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All Committees are required to report to the Assembly, in accordance with the Rules and the direction of the House. Members should refer specifically to the Rules of the Legislative Assembly for further information on Committees.

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31. COMMITTEE OF THE WHOLE

This Committee consists of all Members of the Assembly. It is the Assembly itself in a less formal gathering, presided over by a Chairperson, rather than the Speaker, and Committee of the Whole conducts its business according to more flexible rules of procedure. In the absence of the Chairperson (Deputy Speaker), there are two Deputy Chairpersons available to take the Chair. The Committee of the Whole may consider only those matters referred to it by the Assembly.

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32. STANDING COMMITTEES

The Legislative Assembly establishes Standing Committees early in the life of each Assembly.

In accordance with the Rules of the Legislative Assembly, at the commencement of each new Assembly, the Standing Committee on Priorities and Planning prepares and reports, with all convenient speed, lists of Members to compose the Standing Committees. Committee membership is assigned based on a Member’s interests, ability and experience. When appropriate, and in accordance with the Rules, alternate Members are also appointed to Committees.

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Standing Committees may meet in public, in camera and/or hold public hearings on issues of significance or to review proposed legislation. Standing Committees may review Government plans or proposals at the early stage of their development. Through Committee reports, tabled in the Legislative Assembly, Committees provide input in order to assist the Government in moving forward with its proposals.

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32.1 COMMITTEE SUPPORT

At a minimum, a Committee Clerk and a Legislative Assembly Advisor are assigned to each Standing Committee by the Clerk.

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The Committee Clerk’s responsibilities include, but are not limited, to:

  • facilitating a record of proceedings, in accordance with established policies and any further direction of the Committee;

  • recording decisions of the Committee;

  • advising the Chairpersons and Members on procedural, budgetary, administrative and public information matters;

  • preparing agendas, notifications and correspondence in consultation with the Chairperson; and

  • facilitating all necessary meeting arrangements, including the provision of the Law Clerk’s services where required and the scheduling of witnesses before the Committee.

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The responsibilities of the Legislative Assembly Advisor include, but are not limited to:

  • highlighting and clarifying central issues before the Committee, including legislative, budgetary and policy matters;

  • obtaining background information and documents on issues before the Committee, including inter-jurisdictional research;

  • providing briefings and analysis of items, issues and documents before the Committee and in accordance with the direction of the Committee; and

  • preparing drafts and final versions of Committee reports as directed by the Committee.

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Committee staff assists in the drafting of motions as required to facilitate the conduct of Committee business and at the direction of the Committee.

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Members’ concerns respecting staff services to a Committee should be brought to the attention of the Clerk of the Legislative Assembly, or the Deputy Clerk of House Procedures and Committees by the Committee Chair.

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33. MANDATES OF THE STANDING COMMITTEES

Each Committee has the responsibility for examining its own procedures to ensure that the work of the Committee is carried out in an efficient, economic and effective manner. It is important to the work of the Committee that Members attend regularly and on time.

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The structure of the Committee system is determined by and tailored to the needs of each Legislature.

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34. SPECIAL COMMITTEES

Special Committees are appointed by the Legislative Assembly to deal with specific matters not assigned to a Standing Committee. A Special Committee is automatically dissolved when it makes its final report or at a time designated by the Assembly when the Committee is initially formed. Special Committees receive similar administrative and professional services as provided to the Standing Committees.

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35. SELECTION AND DUTIES OF CHAIRPERSONS

The Member first named to a Committee will call the first meeting of the Committee.

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The selection of a Chairperson will be the first order of business and is presided over by the Committee Clerk. The selection occurs via nominations and election by secret ballot. Any Member of the Committee is eligible to be nominated and Members are permitted to nominate themselves. The selection of a Chairperson may be followed by the selection of a Deputy Chairperson in the same manner.

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If a vacancy occurs, the same method is used to select a new Chairperson or Deputy Chairperson. Chairpersons and Deputy Chairpersons are accountable to the Members of the Committee and may be removed from either position by motion of the Committee.

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36. ATTENDANCE AT MEETINGS

Quorum for all Committees is a majority of Committee Members. Members are contacted in advance of a meeting and must commit to attend for the duration of the meeting. If a Member is unable to attend for the full duration of the meeting, and quorum for that meeting cannot be achieved, an alternate is contacted to attend for the full duration in their place. Alternates are called for a Committee meeting as required on a rotational basis.

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It is the responsibility of the Chair to ensure that all Members are fulfilling their Committee obligations by:

  • attending regularly and on time;

  • preparing for meetings; and

  • participating in meetings in a productive way.

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Actions which warrant the discipline of the Committee include, but are not limited to:

  • violating the Code of Conduct;

  • attending a meeting under the influence of alcohol or other mind-altering substances; and

  •  being absent from meetings without a valid excuse.

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If a Member acts in a way as to warrant discipline, the Committee may suspend the Member from the Committee for a period of up to three days in duration. If a Member has been suspended from the Committee they will be reported as absent and the Chair of the Committee will report said suspension to the House under Reports of Committees.

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Pursuant to Section 2 of the Indemnities, Allowances and Expense Regulations, the Chair of the Committee, or at the request of the Chair, the Clerk of the Committee, shall record a Member’s absence at a meeting of the Committee, noting the reason for the absence.

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The Board of Management sets out the following possible explanations for a Member’s failure to attend a meeting of the committee:

  • the absence is in the course of the Member’s duties as a Member or Minister or as the Premier or Speaker;

  • the absence is a result of the Member’s illness or injury or due to bereavement; or

  • the absence is due to personal reasons.

  • the absence is due to factors outside the Member’s control (i.e. weather, road closure or state of emergency)

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If a Member is absent for six meeting days in a calendar year without a valid explanation, the Committee shall recommend to the House that the Member be removed from the Committee.

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37. TABLING OF SUMMARY OF MEMBERS' ABSENCES

The Indemnities, Allowances and Expense Regulations direct the Speaker of the Legislative Assembly to table a report noting each Member’s failure to attend formal sittings of the House and meetings of Committees of the Legislative Assembly and the Board of Management. The report identifies each meeting at which a Member was absent and the reason for the absence. The report is prepared by the Clerk of the Legislative Assembly and tabled by the Speaker during each sitting of the Legislative Assembly.

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Each report covers the period beginning the day after prorogation of the most recent session and ends on the day prior to the first day of the sitting during which the report will be tabled. The last report tabled prior to dissolution of the Assembly will include the entire record for that Assembly, beginning on the day after the most recent general election and ending on the day prior to the last day of sitting. Members should refer to the Indemnities, Allowances and Expense Regulations, Section 5, for further details.

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The tabled report will also list the additional, optional meetings a Member has attended during the reporting period. The Summary of Members’ Absences Report, once tabled, will appear in a prominent and easily accessible place on the Legislative Assembly’s web site.  

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38. CONFIDENTIALITY 

Confidentiality respecting Committee proceedings and documents must be maintained in accordance with the Rules of the Legislative Assembly, the Code of Conduct, parliamentary practices and traditions, and in keeping with the privileges enjoyed by all Members individually and the Legislative Assembly collectively.

The disclosure of confidential Committee information is a breach of privilege and may be subject to the discipline of the House.

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39. BUDGET

Estimated Committee expenditures are budgeted, and each Committee is responsible for approving and monitoring expenditures over the course of each fiscal year. Committee approvals must be secured for all but the most routine expenditures associated with Committee meetings.

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Budget status reports are generated and supplied to the Chairperson of each Committee and are placed on the agenda at the direction of the Chairperson or the request of a Committee Member or Members.

The expenditure authority of a Committee in a fiscal year is limited to the amount allocated by the Board of Management. If unforeseen events or Committee activity lead to an actual or potential over-expenditure in any fiscal year, the Committee must apply immediately to the Board of Management to address the over-expenditure or to request additional funding.

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40. COMMITTEE TRAVEL

Aside from Members’ travel to attend Committee meetings in the capital, travel by the Committee, or a Member or Members of a Committee must be approved by motion of the Committee.

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Eligible Committee travel includes only that which will:

  • provide a tangible benefit to the work of the committee in fulfilling its mandate;

  • enhance the skills and capabilities of Members to improve their contributions to the work of the Committee through greater insight and understanding of complex issues directly related to the Committee’s mandate; and

  • be undertaken in the most cost effective and efficient manner available. Eligible Committee travel costs outside the capital include reasonable transportation and accommodation expenses, and meal and incidental expenses at approved Federal Treasury Board rates.

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Any member of a Committee who undertakes approved travel on behalf of the Committee, at Committee expense, may be required to submit a written report to the Committee outlining the results and direct benefits of such travel. The report must be provided to the Committee at the earliest opportunity following the completion of the travel.

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The approval by the Committee of any travel is subject to the availability of funds in the Committee’s budget.

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41. LANGUAGE SERVICES

The provisions of the Legislative Assembly’s Language Services Policy apply to the proceedings of Committees of the Assembly. Members should refer to Section 141 of this Handbook for details of the policy.

Interpretation services for witnesses appearing before a Committee will be provided upon reasonable advance notice and subject to approval by the Committee. The Committee Clerk will canvas Members for the needs of interpretation during public meetings.

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42. RECORD OF PROCEEDING

The following Legislative Assembly Committee meetings will be recorded:

  • where a Minister is present;

  • public hearings on reports of the Auditor General and other Statutory Officers;

  • public meetings for the purpose of examining bills; and

  • other matters where witnesses appear before a committee of the Assembly.

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All recordings will be in audio format and may be subject to technical limitations imposed by some remote locations.

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In camera proceedings of a Committee will not be recorded unless directed by the Committee.

Transcription of the audio recordings will be identified on a case-by-case basis, as determined by the Deputy Clerk, House Procedures and Committees, in consultation with the appropriate Committee Chair.

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Audiotapes of committee meetings that are not transcribed are considered full retention records and are treated in the same manner as other committee records.

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Public committee meetings held inside and outside of the Capitol will be broadcast on the Legislative Assembly website and social media pages. If internet services in smaller communities is unavailable, the public meeting will be recorded for broadcast at a later date.

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