THE PARLIAMENTARY COMMITTEES OF THE NATIONAL ASSEMBLY OF QUÉBEC

THE PARLIAMENTARY COMMITTEES OF THE NATIONAL ASSEMBLY OF QUÉBEC PARLIAMENTARY PROCEEDINGS DIRECTORATE

THE SOVEREIGN COUNCIL (Oil on canvas mounted on the wall) This painting was begun in 1926 by Charles Huot and completed in 1930 by Paul Bédard and Henri Bélisle, students at the École des beaux-arts, under the direction of Charles Maillard and Ivan Neilson. It hangs above the Speaker s Throne in the former Legislative Council Room, now chiefly a committee room. This publication was produced by the Parliamentary Proceedings Directorate with the collaboration of the Communications Directorate, and translated into English by the Legislative Translation and Publishing Directorate. Legal deposit Bibliothèque nationale du Québec 2012 ISBN 978-2-550-65713-2 Photocopying and Printing Division September 2014

TABLE OF CONTENTS MESSAGE FROM THE SECRETARY GENERAL... 5 PARLIAMENTARY COMMITTEES 1. A BRIEF HISTORY...7 2. HOW COMMITTEES ARE SET UP...11 Areas of competence...11 Composition...12 Joint committees, select committees and subcommittees...13 Chairships...14 Role of the chair...14 Role of the vice-chair...15 Role of the committee members...15 Role of ministers and opposition critics...15 Role of the committee clerk...16 3. HOW COMMITTEES WORK...17 Public, deliberative and in camera meetings...17 Committee rooms...17 Access to proceedings...18 Schedule...19 4. WHAT COMMITTEES DO...21 Sectorial committees...21. Orders of reference...21 Orders of initiative...23 Statutory orders...24. Orders in compliance with the Standing Orders...25 Public consultations...25 Online comments...26 Mandates of the Committee on Public Administration...26 Mandates of the Committee on the National Assembly...27 5. WHO WORKS IN THE WINGS...29 6. STATISTICALLY SPEAKING...31 7. CONCLUSION...33 SELECTED BIBLIOGRAPHY...35

Salle du Conseil législatif

MESSAGE FROM THE SECRETARY GENERAL I take great pleasure in introducing this brochure, whose purpose is to familiarize you with the workings of the parliamentary committees at the National Assembly of Québec. Over the years, and especially since the adoption of the current Standing Orders in 1984, parliamentary committees have become an essential forum where the Members of the National Assembly give clause-by-clause consideration to proposed legislation and oversee the spending and performance of government departments and bodies. The many public consultations held by the committees allow MNAs to keep abreast of the opinions of individuals and organizations on a wide range of issues. This brochure provides a brief history of Québec s parliamentary committees, explains how they are set up and how they work, and describes what they do in the course of a legislature. I hope you find it both enjoyable and instructive.

1 1 A BRIEF HISTORY Parliamentary procedure in Québec s National Assembly descends directly from the rules and conventions of the British Parliament, whose origins date from the 13th century. Constituted in 1792, our legislative assembly created its first special committees the following year, initially to look after its own internal affairs. Permanent or standing committees followed, taking on a portion of the legislative workload. Over the years, it became clear that the committees provided parliamentarians with an essential operational framework in which to carry out their wide-ranging duties and responsibilities. The importance of committee work continued to grow throughout the 1960s and 1970s. During this period, the number of government departments and bodies increased dramatically, as did the amount of legislation to be dealt with. Political life was becoming increasingly complex, and the committee system had to be adapted in order to deal effectively with new realities. In addition, MNAs were demanding more recognition for their committee work and greater autonomy for the committees they served on. All of this led to the adoption, in 1984, of a new set of Standing Orders. Rightly considered a major piece of parliamentary reform, the new Standing Orders made sweeping changes in the structure, composition, organization and powers of committees. Born of this reform, today s standing committees may be broadly described as follows: nine of the standing committees are sectorial committees, each of which specializes in the field of activity defined in the Standing Orders; the committees are also multi-purpose committees, since each may, within its area of competence, take on the whole range of parliamentary mandates, that is, it may study proposed legislation (bills), examine the Estimates, and oversee the public administration; The parliamentary committees of the National Assembly of Québec 7

the committees are constituted as standing (i.e. permanent) committees under the Standing Orders, and their chairs and vice-chairs are elected by the committee members; the committees have a power of initiative to undertake consultations and carry out inquires, studies or research on any matter or question within their area of competence; the committees role as overseers of the public administration has been enhanced by their obligation to hear, each year, at least one public body whose activities fall within their area of competence. In addition, under a rule in effect since 1994, deputy ministers and CEOs of public bodies must account for their management before the appropriate committee. A committee in Québec s parliamentary system may therefore be defined as a group composed of a limited number of Members who are responsible for examining any matter within the jurisdiction assigned to them by the Assembly, and for carrying out any mandate given to them by the Assembly. A privileged venue for much parliamentary work, committees enable MNAs to examine proposed legislation in detail and to fully exercise their role as legislators. Committees also play an important role in the oversight of the public administration and provide a forum for public consultation on the important issues of the day. Because parliamentary realities are constantly changing, adjustment of the Standing Orders is an ongoing process. In its June 2000 report, entitled De la nécessité du contrôle parlementaire (The Necessity of Parliamentary Oversight), a task force set up to study the committee system made a number of recommendations aimed at improving committee practices and performance. One of the report s conclusions was that more had to be done to revitalize the spirit of the 1984 reform. In 2004 and 2007, on the initiative of the President of the National Assembly 1 and the House Leaders, various proposals were made for parliamentary reform; these would ultimately result in the reform package of 2009, whose broad objectives were to give MNAs more autonomy and more room to exercise initiative, to create conditions that would help them carry out their work more efficiently, to make parliamentary deliberations more democratic, and to create closer ties between the Assembly and the public. The Public Administration Act, passed in May 2000, has likewise had a significant impact on the committee system. Under this legislation, the Administration must conduct its business in accordance with a results-based management framework centred on transparency and on increased accountability both to the Assembly and 1. The office of President in Québec s National Assembly is equivalent to that of Speaker in other British-style Parliaments. 8 The parliamentary committees of the National Assembly of Québec

to its parliamentary committees. Accordingly, all government departments and bodies are required to prepare the following documents, generally for tabling in the Assembly: a service statement, a multi-year strategic plan, an annual expenditure management plan and an annual management report. In each case the minister or CEO is then heard by the competent committee. The parliamentary committees of the National Assembly of Québec 9

1 2 HOW COMMITTEES ARE SET UP AREAS OF COMPETENCE The Standing Orders divide government activity into nine sectors and assign a sectorial committee to each sector, as follows: Committee on Agriculture, Fisheries, Energy and Natural Resources: agriculture, fisheries, energy and natural resources. Committee on Citizen Relations: citizen relations, cultural communities, immigration, status of women, families, seniors, youth and consumer protection. Committee on Culture and Education: culture, education, vocational training, higher education and communications. Committee on Health and Social Services: health, social and community services. Committee on Institutions: chairmanship of the Conseil exécutif, justice, public security, the Constitution, Aboriginal affairs, international and intergovernmental relations. Committee on Labour and the Economy: industry, trade, tourism, labour, income security, science, technology and manpower. Committee on Planning and the Public Domain: local and regional community development, land use planning and development, municipal affairs, sports and recreation, and housing. Committee on Public Finance: finance, the budget, government administration, the public service, revenue, pension plans, government supply and services. Committee on Transportation and the Environment: transportation, the environment, wildlife and parks. The mandates of the two remaining standing committees are more specific, relating in one case to the Assembly s internal affairs and in the other to oversight of government action. The Committee on the National Assembly drafts the procedural rules and Standing Orders that govern the Assembly and its committees; coordinates the work of the other committees; authorizes committees to meet outside the precincts of the The parliamentary committees of the National Assembly of Québec 11

National Assembly; hears, if necessary, the persons the Assembly appoints by law; considers any matter not expressly referred to another committee; and examines questions of parliamentary reform, mainly through the Subcommittee on Parliamentary Reform. The Committee on Public Administration, created in April 1997, devotes itself exclusively to overseeing the public administration. Unlike the sectorial committees it has no legislative role. Its main duties are to hold management accountability hearings with the deputy ministers and CEOs of public bodies; to examine the government s financial commitments; to hear the Auditor General on the subject of his or her annual management report and use of financial resources; and to examine such other questions of public sector management as the Assembly may refer to it. COMPOSITION The composition of each of the nine sectorial committees and of the Committee on Public Administration, for the duration of the 41st Legislature, has been set at 13 MNAs seven from the parliamentary group forming the Government, four from the Official Opposition and two from the Second Opposition Group, one of whom is not entitled to vote. If an independent MNA is appointed to a committee, it will accordingly consist of eight MNAs from the parliamentary group forming the Government, four from the Official Opposition, two from the Second Opposition Group, one of whom is not entitled to vote, and one independent Member, bringing the total membership to 15. Committee members are appointed by the Committee on the National Assembly, for a two-year term, from among the MNAs nominated by the Whips of each parliamentary group. The Committee on Public Administration, in addition to its 13 permanent members, has ten temporary members. Of these ten, five are from the parliamentary group forming the Government, three are from the Official Opposition and two are from the Second Opposition Group. Temporary members are appointed by the Whips of the parliamentary groups for a single meeting or for the duration of proceedings on a particular matter. As regards the Committee on the National Assembly, its members are appointed according to the parliamentary office they hold in the National Assembly. It thus consists of the President of the National Assembly, the Vice-Presidents, the House leaders, the Whips of the parliamentary groups, and, once elected, the chairs of the other ten parliamentary committees. 12 The parliamentary committees of the National Assembly of Québec

JOINT COMMITTEES, SELECT COMMITTEES AND SUBCOMMITTEES These committees are not permanent, like the standing committees, but are struck for a particular purpose as the need arises. With the authorization of the Committee on the National Assembly, two or more committees may form a joint committee to examine together a matter that bears on each committee s area of competence. A select committee may be struck if the Assembly wishes to have certain MNAs examine a matter that does not necessarily square with the type of mandate normally given to the standing committees. A select committee s terms of reference are defined, and its members appointed, by a motion of the Assembly. The Assembly may also appoint a chair and vice-chair to the committeee and order it to report by a certain date. A subcommittee may be struck by any standing or temporary committee in the course of any mandate, whether assigned by the Assembly or self-initiated. Subcommittees are composed of members of their parent committees. A motion to set up a subcommittee must be supported by a majority of each parliamentary group represented on the parent committee. Joint committees and select committees cease to exist when their reports are tabled in the Assembly, subcommittees when their reports are tabled with their parent committee. The parliamentary committees of the National Assembly of Québec 13

CHAIRSHIPS The chair and vice-chair of a committee are elected by the committee members for a two-year term, at the first meeting, and must not be from the same political party. A committee s choice of chair and vice-chair must be supported by a majority of the committee members from each parliamentary group represented on the committee, which gives the necessary legitimacy to these offices and invests the incumbents with the authority they need to run committee meetings smoothly and efficiently. For the duration of the 41st Legislature, of the nine sectorial committees, six must be chaired by MNAs from the parliamentary group forming the Government, two from MNAs from the Official Opposition, and one Member from the Second Opposition Group. In the case of the Committee on Public Administration, the chair is always from the parliamentary group forming the Official Opposition and the vice-chair from the governing party. However, for the duration of the 41st Legislature, two committees, the Committee on Public Finance and the Committee on Public Administration, have among their members a second vice-chair from the Second Opposition Group. The Committee on the National Assembly is chaired ex officio by the President of the National Assembly. ROLE OF THE CHAIR Following the provisions of the Standing Orders, the chair presides at meetings and organizes the committee s work. The chair is free to participate in debates, introduce motions and vote; however, in light of the unique role they play in the conduct of proceedings, committee chairs have traditionally chosen to limit their participation in debates, especially in the case of mandates issuing from the Assembly. For other mandates (such as self-initiated and oversight mandates), the chair assumes a more active role. The chair of each parliamentary committee automatically becomes a member of the Committee on the National Assembly. The chair convenes the committee on his or her own initiative or at the request of the Assembly. During meetings, the chair ensures that the procedural rules are followed, and thus that members rights are respected and order and decorum maintained. The chair has the exclusive power to suspend a sitting at any time and to call to order any person who is disrupting proceedings. Rulings of the chair are final, without appeal, and not subject to debate. The chair s signature is required to authenticate certain committee documents the minutes taken by the committee clerk, for instance, as well as the copy of any bill given consideration by the committee (this remains the official copy until the bill receives final assent). The chair, together with the vice-chair and the clerk, form the committee s steering committee. The steering committee plans committee meetings and assumes responsibility for committee administration. 14 The parliamentary committees of the National Assembly of Québec

ROLE OF THE VICE-CHAIR The vice-chair assumes the duties of the chair if the latter so requests or is absent or unable to act. In the spirit of the Standing Orders, the chair and vice-chair have complementary roles. Though they do not belong to the same political party, both are elected by the members of their committee. Together, their job is to help members reconcile their differences in order to reach a consensus. How they carry out their work can be a decisive factor in the committee s success, particularly where self-initiated or oversight mandates are concerned. ROLE OF THE COMMITTEE MEMBERS MNAs usually become members of a particular committee out of some personal interest in its area of competence. Their appointment as a permanent committee member gives them a special status and influence distinct from that of non-members and temporary members. They quickly become knowledgeable in their committee s sector, a fact which necessarily makes for more insightful consideration of legislation and more efficient scrutiny of the Government s action. Committee members participate actively in the work of their committee. They have the right to speak, propose motions and vote. Under the Standing Orders, a member may be temporarily replaced, but the committee must be informed of the fact at the outset of proceedings. The primacy of the permanent members is reflected in the fact that their substitution may last no longer than the proceedings dealing with the particular matter concerned or, in the case of a mandate from the Assembly, no longer than a single meeting. ROLE OF MINISTERS AND OPPOSITION CRITICS A minister sits on a committee while it is examining a bill he or she introduced, or when designated by the Assembly to sit on the committee for the duration of a mandate. An opposition critic will normally belong to the committee whose area of competence corresponds to his or her portfolio. Under the Standing Orders, ministers and opposition critics do not enjoy rights or privileges beyond those of other committee members, except in certain cases with regard to speaking time. Their influence is nonetheless considerable. They are favoured speakers and play a decisive role in determining the direction of the committee s work and the tone of the meeting. It should be noted that, during a self-initiated mandate, a minister may be heard by the committee but may not sit as a committeee member. The parliamentary committees of the National Assembly of Québec 15

ROLE OF THE COMMITTEE CLERK The senior public servant of each committee is its clerk, who is attached to the Parliamentary Proceedings Directorate. The clerk s role is to serve the committee as an administrator, coordinator and front-line adviser on parliamentary procedure. The clerk of a committee works closely with the chair and vice-chair, and must necessarily participate in steering committee meetings, but his or her services are available to any member who has need of them. The clerk s duties may be summarized as follows: to give notice of meetings and other committee activities; to prepare the committee s order of business, keep its minutes and draft its reports; to register and keep custody of documents submitted to or produced by the committee; to sign (and thereby authenticate) official documents; to establish and maintain contact with persons who have a stake in the committee s work political staff, government departments and bodies, pressure groups, journalists, the public, etc.; and to coordinate research. In short, committee clerks take such measures as are needed to ensure that committee work and any travel undertaken by committee members go smoothly. Each clerk has an assistant, and may be granted other resources depending on the committee s needs, including the services of the Research Division of the National Assembly Library. 16 The parliamentary committees of the National Assembly of Québec

1 3 HOW COMMITTEES WORK PUBLIC, DELIBERATIVE AND IN CAMERA MEETINGS As a rule, parliamentary committees hold public meetings, though private deliberative meetings and in camera meetings may also be held. Public meetings are open to the general public and members of the Press Gallery. The proceedings are recorded in the Journal des débats (Québec s Hansard), which may be consulted online for 1989 and subsequent years. Deliberative meetings, attended only by members, staff and advisers, serve mainly to plan committee activities and communicate information to members. They provide a more flexible working arrangement for the committee, which alternatively may delegate planning and organizing tasks to its steering committee, composed of the chair, vice-chair and clerk. In the rare instances when an in camera meeting is held, the proceedings cannot be reported or divulged without the unanimous consent of the committee and any other participants. COMMITTEE ROOMS Four rooms of the Parliament Building are reserved primarily for committee use: the Legislative Council Room, the Louis-Joseph-Papineau Room, the Louis-Hippolyte-LaFontaine Room and the Premiers-Ministres Room. Each of these rooms has sound-recording equipment, and some also have telecasting and video conferencing equipment; all four provide wireless Internet access and seating for the public. Committees may hold meetings outside the Parliament Building, at any location in Québec, but to do so they must obtain the authorization of the Committee on the National Assembly. An alternate location will often be justified when the committee s inquiry concerns a local sector of activity or a region, more than the province as a whole. The parliamentary committees of the National Assembly of Québec 17

ACCESS TO PROCEEDINGS The proceedings of all public committee meetings are recorded and then published in the Journal des débats, of which an electronic version is available on the National Assembly website. Most public meetings also air as live or delayed broadcasts on the Assembly television channel. Public hearings are broadcast live on the Assembly website where, in addition, it is possible to access the archives (audio or video) of most public hearings for 2002 and subsequent years, and those of clause-by-clause consideration of bills for 2009 and subsequent years. The parliamentary calendar, which details the current mandates of each parliamentary committee, is also posted on the National Assembly website. 18 The parliamentary committees of the National Assembly of Québec

SCHEDULE Committees may meet Monday to Friday even if the Assembly is not sitting. If the Assembly is sitting, committees may not meet during Routine Proceedings. The meeting schedule is given below. Outside the Assembly s sessional periods: Monday Tuesday Wednesday Thursday Friday 9:30 a.m. 12:30 p.m. 2 p.m. 6 p.m. 9:30 a.m. 12:30 p.m. 2 p.m. 6 p.m. During the Assembly s ordinary hours of meeting: Monday Tuesday Wednesday Thursday Friday 10 a.m. 12 noon 1:30 p.m. 3 p.m.* 9:30 a.m. 11 a.m.* 2 p.m. 6 p.m. 11 a.m. 1 p.m. 9:30 a.m. 12:30 p.m. 3 p.m. 6 p.m 3 p.m. 6 p.m. 7:30 p m. 9:30 p.m. During the Assembly s extended hours of meeting: Monday Tuesday Wednesday Thursday Friday 2 p.m. 6 p.m. 10 a.m. 12 noon 1:30 p.m. 3 p.m.* 3 p.m. 6 p.m. 7:30 p.m. 9:30 p.m. 9:30 a.m. 11a.m.* 11 a.m. 1 p.m. 3 p.m. 6 p.m. 7:30 p.m. 10:30 p.m. 9:30 a.m. 11 a.m.* 11 a.m. 1 p.m. (*) Routine Proceedings (committee work suspended) The parliamentary committees of the National Assembly of Québec 19

14 4 WHAT COMMITTEES DO SECTORIAL COMMITTEES The nine sectorial committees respond to some fifteen different types of mandates issuing, essentially, from four sources: the Assembly, the committee itself, a statute or the Standing Orders. Types of mandates Orders of reference Orders of initiative Statutory orders Orders in compliance with the Standing Orders To consider bills To examine the Estimates To examine other matters To examine regulations and draft regulations To hold accountability hearings with government departments and bodies To examine annual, periodic and ad hoc reports To examine reports on the carrying out of statutes To hold interpellations To hear the Chief Electoral Officer To hear the Public Protector (ombudsman) To examine the policies, activities and management of public bodies To examine petitions To examine any other matter of public interest To examine regulations and draft regulations To hold public hearings To hear the Auditor General To continue the debate on the budget begun in the Assembly To examine budgetary policy ORDERS OF REFERENCE Detailed consideration of bills This accounts for the greater part of the mandates referred to committees by the Assembly: every year, over 80 bills are sent to committee for clause-by-clause consideration. With the exception of money bills, the right to introduce bills extends to all MNAs. Bills are divided into two broad categories: public and private. The parliamentary committees of the National Assembly of Québec 21

Public bills apply to society as a whole or to a very large part of it. In its clause-by-clause consideration of a public bill, the committee examines each of its sections, amending them as it sees fit but without altering the bill s principle. When the process is complete, the chair of the committee tables a report in the Assembly, where the remaining stages of the bill s passage into law are undertaken. Committees sometimes hold special consultations on a bill before proceeding with detailed consideration. Private bills concern special or local interests and usually seek to obtain exclusive rights or privileges for an individual, a corporation or a municipality. Detailed consideration is normally preceded by a public hearing. The Parliamentary Proceedings Directorate convenes the petitioners and any other persons who have expressed a desire to be heard. The public hearing and clause-by-clause consideration generally take place during the same meeting. After the petitioners and other stakeholders have all been heard, consideration of the bill runs its course as with a public bill. Examination of the Estimates of expenditure The Estimates quantify the appropriations to be granted to each government department and body for its annual operations. In its role as public-spending watchdog, the Assembly has delegated to the committees the task of examining the Estimates. This process may begin no earlier than 15 days after the Estimates have been tabled in the Assembly, usually in April, and involves a detailed examination of the programs for which appropriations are to be voted. Accompanied by senior public servants, each minister appears before a committee to justify the appropriations requested by the department and public bodies under his or her authority. Examination of other matters The Assembly may refer to a committee any other matter in the committee s area of competence. Here, obviously, the range of possible subjects is vast. This type of mandate usually requires general or special consultations. As with most other mandates, the committee s report giving an account of its work is tabled in the Assembly. It must contain the minutes of proceedings, but may also contain observations, conclusions or recommendations. A report containing recommendations automatically gives rise to a two-hour debate in the Assembly within 15 days of being tabled. 22 The parliamentary committees of the National Assembly of Québec

ORDERS OF INITIATIVE Examination of the policies, activities and management of public bodies Under the Standing Orders, each committee is required annually to review the policies, activities and management of at least one public body whose activities fall within its area of competence. The selection of a particular public body is made in a deliberative meeting, but must be approved by a majority of committee members from each parliamentary group. Once it has taken on the mandate, the committee has complete freedom to plan its work in the manner it sees fit. It may decide that preliminary work is needed before the public body can be heard, or that research or other specialized services are required. It may also hold consultations with individuals or groups possessing knowledge or experience relevant to the sector under review. Once its study has been completed, the committee tables its report in the Assembly. In addition to the minutes of the proceedings, the report may contain the committee s observations, conclusions and recommendations. Accountability hearings with government departments and bodies The Standing Orders provide that, within its area of competence and at least once every four years, each committee must hear the ministers who deem it expedient to be heard, and the deputy ministers or CEOs of public bodies, to discuss their administrative management. This type of mandate proceeds in much the same way as the examination of the policies, activities and management of public bodies. Examination of petitions A committee may decide to study a petition and even to hear its sponsor, its sponsor s representatives, or any other person or organization. Examination of any other matter of public interest A committee may, on its own initiative, study or inquire into any subject or question of public interest. Here again the project must meet with the approval of a majority of the committee members from each parliamentary group. The committee is then free to plan, organize and carry out its work without the intervention of the Assembly. All related tasks, including the hiring of specialized personnel, may be delegated to the steering committee. The parliamentary committees of the National Assembly of Québec 23

Having defined the scope of its mandate, the committee may decide to invite individuals and organizations with relevant knowledge or experience to testify before it. Prior to this step, it may publish a consultation document on the subject of the study or inquiry or even hold online consultations. In the course of all these activities, the committee gathers information for the drafting of its final report, which will contain the minutes and, very often, observations, conclusions or recommmendations, usually adopted unanimously, and be tabled in the Assembly. Examination of regulations and draft regulations Regulations and draft regulations are formulated and enacted by the Government further to a statute; their study in committee is one of the means by which Parliament scrutinizes delegated legislation. Under the Regulations Act, the Assembly may vote the disallowance of any regulation or prescription of a regulation adopted by the Government. STATUTORY ORDERS This type of order issues from the legislation in force in Québec. It may require that a committee examine annual, periodic or ad hoc reports, study how a statute is being carried out, examine regulations or draft regulations, or hear the CEO of a body. The statute prescribing such a mandate will define its nature and assign it to the competent committee. A committee that receives such a mandate plans and executes its work, in accordance with the provisions of the statute concerned. Certain organizing tasks can be left to the steering committee. Ordinarily, the committee hears the minister or CEO of the body responsible for carrying out the statute. For instance, under the Act respecting educational institutions at the university level, the Committee on Culture and Education summons the rector of every Québec university, and under the Act respecting health services and social services, the Committee on Health and Social Services hears all regional health agencies and boards. 24 The parliamentary committees of the National Assembly of Québec

ORDERS IN COMPLIANCE WITH THE STANDING ORDERS Some mandates taken on by the sectorial committees are provided for in the Standing Orders. The most common is the interpellation. An interpellation is a debate between a minister and an opposition MNA on some issue of the day or some matter of general interest. Prior notice of interpellations must be given on the Order Paper. Interpellations are held on Fridays from 10 a.m. to 12 noon in the National Assembly Chamber, during the weeks when the Assembly is sitting, but not during the period of extended hours. Other mandates in this category deserve mention because of their singular character. Two such mandates to continue the debate on the Budget Speech and to study budgetary policy and the state of public finances belong exclusively to the Committee on Public Finance. In addition, once every year the Committee on Institutions hears the Chief Electoral Officer and the Public Protector, while the Committee on Public Administration hears the Auditor General. PUBLIC CONSULTATIONS Public consultations are an important means by which individuals and groups may expound their views on proposed legislation and other subjects of public interest. Consultations are of three kinds: general, special and online. General consultations allow any individual or group interested in the matter under inquiry to express their opinions during committee hearings. Participants often submit a brief, but it is also possible to request to be heard without submitting a brief. Notice of general consultations is published in the major dailies, on the National Assembly website and in the Gazette officielle du Québec. Special consultations are open only to individuals and groups invited by the committee. Their opinions are sought either because they are directly concerned by the matter in question or because they have been recognized as possessing experience relevant to the discussion. Finally, a committee may hold an online consultation in the execution of a self-initiated mandate. As well, certain mandates referred to a committee by the Assembly provide for both a general consultation and an online consultation. In such cases, members of the public are invited to express their opinion by completing an online questionnaire available via the Assembly website. The parliamentary committees of the National Assembly of Québec 25

ONLINE COMMENTS As of March 2010, citizens have been able to send in their comments concerning any bill introduced in the Assembly, and concerning most mandates carried out by parliamentary committees, regardless of whether a public consultation is being held on the matter. All they have to do is complete an online form on the Assembly s website. Their comments are passed on to the MNAs concerned. MANDATES OF THE COMMITTEE ON PUBLIC ADMINISTRATION The Committee on Public Administration devotes its energies entirely to the scrutiny of the public administration. Its role is to examine the spending and management of government departments and bodies. Audit of financial commitments All government expenditures of $25,000 or more that the Conseil du trésor, the Conseil exécutif or a department authorizes against the appropriations adopted each year by the Assembly are reviewed by the Committee in a deliberative meeting. The Committee reviews how these amounts are spent and questions the department or body in writing on any items requiring further clarification. The Committee may also hold a public hearing in the presence of the deputy minister or CEO or, if necessary, in the presence of the minister. Hearing of the Auditor General of Québec In accordance with the Standing Orders, each year the Committee hears the Auditor General on the subject of his or her annual management report and financial commitments. Hearing of deputy ministers and CEOs Under the Public Administration Act, the Committee is required to hold accountability hearings with the deputy ministers and CEOs of public bodies. This type of mandate may be approached in two ways. 26 The parliamentary committees of the National Assembly of Québec

First of all, the Committee may concentrate its efforts on departments and bodies that have been singled out for attention in the Auditor General s annual reports, which it has been doing since its creation in 1997. The hearings on such mandates take place in the presence and with the support of the Auditor General. The Committee may also choose mandates on the basis of observations contained in the Public Protector s report. Secondly, the Committee may examine the annual management reports of government departments and public bodies to verify the information they contain and to evaluate the organization s performance. On the basis of this analysis, the Committee may decide to hold a public hearing with the deputy minister or CEO in order to review in greater depth certain aspects of the organization s administrative management. The Committee, in concert with the sectorial committees, must hear all the organizations subject to the Public Administration Act at least once every four years. The Committee ordinarily tables two reports on its findings and recommendations annually in the Assembly, each report giving rise to a debate within 15 days. The Committee also works with the Auditor General to follow up on the recommendations. Annual report Public Administration Act The Committee is also mandated to examine the annual report on the carrying out of the Public Administration Act. Examination of other matters Finally, though it occurs only rarely, the Committee may study any other matter referred to it by the Assembly. MANDATES OF THE COMMITTEE ON THE NATIONAL ASSEMBLY The role of the Committee on the National Assembly bears no comparison to that of the other parliamentary committees, its purpose being to provide a forum for discussion and decision making on all aspects of Assembly and committee operations. Its role is horizontal rather than sectorial. Thus, it drafts the Standing Orders and the Rules for the Conduct of Proceedings in the National Assembly and, at the beginning of each legislature and every two years thereafter, determines the membership of each committee and the allocation of chairships; it coordinates the work of the other committees, in particular by determining which committee a given public body is accountable to and by clarifying, as needed, the committees areas of competence; it authorizes committees and steering committees to travel or to meet outside the precincts of the Assembly; it hears persons who are required by law to be appointed by the Assembly, and reports to the Assembly The parliamentary committees of the National Assembly of Québec 27

without making observations, conclusions or recommendations; lastly, it exercises all other functions conferred on it by the Standing Orders and may, for example, inquire into the conduct of an MNA or any other person alleged to have breached the rights and privileges of the Assembly. Through the Subcommittee on Parliamentary Reform, the Committee also studies proposals to amend the Standing Orders. The Subcommittee is chaired by the President of the National Assembly and additionally composed of the Vice-Presidents, the House Leaders and Whips of each parliamentary group, and the chairs of three other parliamentary committees. 28 The parliamentary committees of the National Assembly of Québec

15 5 WHO WORKS IN THE WINGS ADMINISTRATIF The committees are serviced by the Parliamentary Proceedings Directorate, whose staff provides committee members with the professional, technical and administrative support they need to perform their legislative and oversight roles effectively and to carry out their self-initiated mandates. With some twenty permanent staff members, the Directorate answers members requests for information on all aspects of committee activities and organization. It also trains committee clerks and harmonizes their work methods, administers committee budgets, provides logistical support (especially in the field of document management), and creates a permanent link between the committees and the people they deal with government departments and bodies, private organizations and the general public. The Directorate regularly enlists the participation of other Assembly staff members. For example, the Research Division of the National Assembly Library often carries out research and provides documentation for the committees, usually in connection with orders of initiative, public body performance reviews, accountability hearings, Auditor General report follow-ups or annual government management report analyses. The parliamentary committees of the National Assembly of Québec 29

16 6 STATISTICALLY SPEAKING... EN CHIFFRES 1 The annual statistical report published by the Parliamentary Proceedings Directorate provides a clear portrait of the work MNAs carry out in committee. Between them, the committees carry out an average of 125 mandates annually; this requires, on average, 420 meetings for a total of more than 1,250 hours. The clause-by-clause consideration of bills accounts for the lion s share (51%) of these hours. Most proceedings (80%) are open to the public, and 80% take place while the Assembly is also sitting. Every year, committees hold some 600 public hearings, in the course of which they receive over 675 briefs from participating individuals and organizations. 1. Statistics are based on average figures for the years 2002 to 2014. The parliamentary committees of the National Assembly of Québec 31

17 7 CONCLUSION The parliamentary committees of the National Assembly are the essential instrument of parliamentary oversight in all its many forms. From their origin as forums for debate on proposed legislation, the committees have in recent decades become the primary means by which Parliament scrutinizes government activities and holds it accountable for its management and its annual Estimates of expenditure and spending. The many public consultations held by the committees each year are considered indispensable in helping MNAs gain insight into the potential impact of their decisions as seen by interest groups, experts and the public. It seems likely, now that the 2009 parliamentary reform has been fully implemented, that Québec s parliamentary committees will adopt diverse ways to forge closer bonds with the citizenry in the years ahead. Examples such as online consultations, online submission of briefs, video-conferenced public consultations and online comments on mandates in progress come immediately to mind. These and other innovations will undoubtedly bring more visibility to the work done by MNAs in committee, and increase the public s understanding of the role of their elected representatives. The parliamentary committees of the National Assembly of Québec 33

SELECTED BIBLIOGRAPHY BONSAINT, MICHEL, Editor, La procédure parlementaire du Québec, 3 rd edition, Québec, National Assembly, 2012, 989 pp. COMMITTEES SECRETARIAT, La réforme parlementaire 10 ans après: Les impacts de la réforme de 1984 sur les commissions parlementaires, National Assembly of Québec, 1995, 195 pp. NATIONAL ASSEMBLY OF QUÉBEC, Comité de réflexion sur le travail des commissions, De la nécessité du contrôle parlementaire, Document de réflexion pour des commissions parlementaires stimulantes et performantes. Québec, June 2000, 89 pp. NATIONAL ASSEMBLY OF QUÉBEC, Activity Report of the National Assembly of Québec, 2011-2012, Québec, 135 pp. NATIONAL ASSEMBLY OF QUÉBEC, Standing Orders and other Rules of Procedure, Québec, 2012. NATIONAL ASSEMBLY OF QUÉBEC, La réforme parlementaire 2009, Québec, 2009, 19 pp. PARLIAMENTARY PROCEEDINGS DIRECTORATE, Rapport statistique sur les travaux des commissions parlementaires (annual publication), National Assembly of Québec. QUÉBEC, Act respecting the National Assembly, R.S.Q., chapter A-23.1. 35

ON OUR WEBSITE assnat.qc.ca All committees: Weekly schedule General consultation notices List of documents tabled in committee Each committee individually: Composition of committee, members bios Areas of competence Current mandates: description, calendar and schedule of hearings Past work Briefs and other documents submitted during general and special consultations Consultation documents Reports containing recommendations Journal des débats: transcription of public meetings Live audio/video broadcasts of public meetings Audio/video archives of public hearings Other: Text and progress of public and private bills Citizen participation: how to launch a petition, comment on a matter under examination, participate in a consultation, request the introduction of a private bill 36

Questions about parliamentary committees can be addressed to: PARLIAMENTARY PROCEEDINGS DIRECTORATE National Assembly Édifice Pamphile-Le May 1035, rue des Parlementaires 3 e étage, bureau 3.15 Québec (Québec) G1A 1A3 Telephone: 418-643-2722 Fax: 418-643-0248 commissions@assnat.qc.ca