Chapter 14 — Parliamentary Committees

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14.1Introduction

In modern practice, parliamentary committees are commonly tasked, on behalf of the larger institution, with broad policy investigations or the taking of evidence — tasks which are well suited to study by a smaller group, rather than the larger Legislative Assembly as a whole. In this way, the Assembly delegates specific tasks to a committee, simplifying its own proceedings. Parliamentary committees comprise small groups of Private Members appointed by the Legislative Assembly to undertake business on its behalf. In B.C., the term “parliamentary committees” is used to describe such committees, to differentiate from Committees of the Whole, which are described in detail in Chapter 11 (Committees of the Whole).

Parliamentary committees are empowered to undertake inquiries and to perform work that would be difficult to accomplish by the Assembly collectively, comprising all of its Members. This work contributes to the Assembly’s overall scrutiny of the executive branch of government, and provides opportunities for Members to hear expert advice and receive direct input from the public on a variety of matters. Each year, thousands of British Columbians participate in public consultations undertaken by committees on issues ranging from the government’s annual budget, outlined in Chapter 12 (Financial Procedures), to the periodic review of existing statutes.

The work of parliamentary committees contributes to the Assembly’s overall scrutiny of the executive branch of government and provides opportunities for Members to hear expert advice and receive direct input from the public on a variety of matters.

The scope of a committee’s work is set out in a motion adopted by the Legislative Assembly. Once adopted, this motion becomes known as the committee’s “terms of reference.” When mandated with a task or inquiry by the Legislative Assembly, parliamentary committees must report their findings to the Assembly. All parliamentary committees are creatures of the Legislative Assembly — the House breathes life into them, hears their reports and, within their terms of reference, allows them independence in their 342 deliberations. The operation of parliamentary committees is governed by the Legislative Assembly’s Standing Orders, practices and procedures.

This chapter provides information on the types of parliamentary committees, committee membership, committees’ terms of reference, and the practices and procedures that govern parliamentary committees.

There are two types of parliamentary committees: select standing committees and special committees.

14.2Historical Background

The earliest examples of parliamentary committees in our Westminster system date to the 14th century. They were committees made up of Members selected to be “triers and examiners of petitions.” Their responsibility was to draw up bills to give effect to petitions which had been approved by the Crown.

By the middle of the 16th century, smaller committees formed a regular part of the machinery of Parliament, studying — and often modifying or improving — legislation which the English House of Commons had agreed to in principle. Committees had their own meeting room in the Palace of Westminster, and committee practice had acquired many of its modern characteristics during that era: more relaxed rules governing debate, the right to appoint subcommittees and the right to summon witnesses. However, even then, the House was always careful to exercise control over, and responsibility for, the matters it referred to committees.

By the start of the 18th century, the practice of the U.K. House of Commons had evolved to refer bills to a larger Committee of the Whole, rather than to smaller parliamentary committees.

In British Columbia, parliamentary committees date back to 1853 and the Legislative Council of the Colony of Vancouver Island. The very first committee was tasked with “examining the country between [Sooke] and Victoria for the purpose of selecting a line of road to connect those places, and to submit a report on the same, with an estimate of the cost of constructing said road for the consideration of the Governor and Council” (Vancouver Island Journals, April 7, 1853, p. 10). Early committees typically examined petitions brought forward by citizens.

Other early committees reflected the type of issues regularly dealt with by a new Parliament, such as the Select Standing Committee on Private Bills and Standing Orders. Another committee with a long history in British Columbia is the Select Standing Committee on Public Accounts, which was first appointed on January 5, 1874, during the Third Session of the First Parliament.

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14.3Select Standing Committees

Standing Order 68(1) provides for the select standing, or permanent, committees of the Legislative Assembly. The designation and number of select standing committees has changed frequently over the years. Standing Order 68(1) was last amended in 2018 (see B.C. Journals, April 24, 2018, p. 63), to re-establish a tenth committee, the Select Standing Committee on Agriculture, Fish and Food. With the exception of the Select Standing Committee on Legislative Initiatives, which, pursuant to the Recall and Initiative Act (R.S.B.C. 1996, c. 398, s. 9), is appointed for the duration of a Parliament, all select standing committees are appointed on a sessional basis at the start of each Session of a Parliament. Prior to the 1985 changes to the Standing Orders, the Select Standing Committee on Crown Corporations was also appointed for the life of a Parliament.

Select standing committees are permanent committees of the Legislative Assembly.

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14.4Special Committees

Standing Order 69(1) provides for the appointment of special committees, which are created from time to time to undertake specific tasks or well-defined inquiries. Unlike the Special Committee of Selection, a motion on notice — i.e., with at least two days’ notice — is required prior to the Legislative Assembly’s consideration of a motion for the appointment of such a committee.

Special committees are created from time to time to undertake specific tasks or well-defined inquiries.

The most common special committees are those tasked with recommending the appointment of British Columbia’s independent statutory officers. The establishment of such a committee to unanimously recommend a nominee to the Legislative Assembly is reflected in most of the statutes governing the appointment of such officers. Further information on statutory officers is outlined in Chapter 1 (Legislative Assembly Overview).

Certain statutes include provisions for a select standing or special committee of the Legislative Assembly to conduct a review of an act at specified intervals. For example, the Freedom of Information and Protection of Privacy Act (R.S.B.C. 1996, c. 165, s. 80) requires a special committee to undertake a comprehensive review of the Act at least once every six years. Therefore, the Legislative Assembly also appoints special committees from time to time to undertake such reviews under statutory provisions.

Special committees may also be appointed to inquire into a specific issue or policy, such as the use of cosmetic pesticides or local election financing.

A special committee ceases to exist once the committee has fulfilled its terms of reference, which occurs upon the presentation of its final report to the Legislative Assembly.

14.5Appointment and Duration

14.5.1Terms of Reference — Outlining the Scope of Work
of a Parliamentary Committee

In most circumstances, parliamentary committees are only empowered to fulfill the duties specifically assigned to them by the Legislative Assembly in the committee’s terms of reference. Committees do not have the power to initiate studies unless the general provision to do so has been included in the committee’s terms of reference.

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Under Standing Order 48, the motion for the appointment of any committee requires two days’ notice, although these motions may be introduced with leave, rather than with two days’ notice. This debatable motion, as per Standing Order 45(1)(h), establishes membership and may also outline the committee’s terms of reference, may direct the committee to investigate a particular matter, and may outline the tasks assigned to the committee. The terms of reference may also specify that the committee submit a report of its findings to the Legislative Assembly within a given time period (see B.C. Journals, April 24, 2018, pp. 63-4). In evolved practice in the Legislative Assembly, the provision of Standing Order 48 does not apply to the motion appointing the permanent select standing committees of the Legislative Assembly moved on Opening Day during pro forma proceedings, further addressed in section 14.7.

Parliamentary committees may only undertake tasks assigned to them by the Legislative Assembly through what is known as the committee’s terms of reference.

A parliamentary committee has no authority to consider or inquire into any matter unless authorized to do so by the Legislative Assembly through its terms of reference. Although a committee is free to interpret the scope of its terms of reference (see Erskine May, 25th ed., §38.11, pp. 956-7; House of Commons Procedure and Practice, 3rd ed., p. 1001), only the Assembly can amend the terms of reference, whether to enlarge or restrict them or to change the reporting deadline, as set by previous motion of the Assembly (see Erskine May, 25th ed., §38.12, p. 957).

An amendment of an instruction to a committee requires a minimum of two days’ notice if such an amendment seeks to alter the scope of the instruction or convert the same into a new proposition (see Erskine May, 25th ed., §28.77, p. 665; Beauchesne, 4th ed., §291, p. 238; see also B.C. Journals, February 6, 1969, p. 34).

A committee’s initial, or organizational, meeting typically includes a review of its terms of reference. Other initial items of business may include the appointment of a Subcommittee on Agenda and Procedure to assist the committee with the planning of its business; consideration of a proposed meeting schedule; public consultation planning (if applicable); report preparation timelines; and an overview of the procedural, research and administrative services provided to the committee by the Parliamentary Committees Office.

14.5.2Referral of a Bill or Estimates to a Parliamentary Committee

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While this is not the practice in B.C., the Standing Orders permit the referral of a bill, which is typically considered by a Committee of the Whole, or the referral of an estimates vote, which is typically considered by the Committee of Supply, to a parliamentary committee.

Pursuant to Standing Order 60A, the Government House Leader may, once the estimates have been referred to the Committee of Supply, refer a vote within the estimates to a parliamentary committee.

At any stage after introduction, a bill may be referred to a parliamentary committee upon motion without notice made by the sponsor of the bill, as permitted by Standing Order 78A.

To date, the provisions under Standing Orders 60A and 78A permitting the referral an estimates vote or a bill to a select standing committee have not been used. However, private bills are automatically referred to the Select Standing Committee on Parliamentary Reform, Ethical Conduct, Standing Orders and Private Bills after introduction and first reading, pursuant to Standing Order 105.

As with any matter referred to a parliamentary committee by the Legislative Assembly, the committee is required to undertake any of the tasks outlined in the terms of reference.

14.6Powers of Parliamentary Committees

As previously noted, the Legislative Assembly simplifies its own proceedings by delegating certain tasks to parliamentary committees. The Assembly also delegates certain powers to these committees, such as the power to summon witnesses or request the production of papers and records.

The powers of parliamentary committees are set out in the provincial Constitution Act (R.S.B.C. 1996, c. 66, s. 53), in the Legislative Assembly Privilege Act (R.S.B.C. 1996, c. 259, ss. 2, 3), in the Opening Day motion appointing the select standing committees, and in Standing Order 72(1). A committee’s terms of reference may also outline these formal powers.

The Opening Day motion appointing the select standing committees states that said committees “shall be severally empowered to examine and inquire into all such matters and things as shall be referred to them by this House, and to report from time to time their observations and opinions thereon, with power to send for persons, papers, and records” (B.C. Journals, February 13, 2018, p. 12).

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14.6.1Summoning Witnesses

Parliamentary committees often rely on the expertise and knowledge of stakeholders, experts and the public to assist them in their inquiries. When invited to do so, individuals usually appear before a committee willingly. However, there are occasions when an individual may be reluctant to provide evidence. If the committee determines that this evidence is critical to its inquiry, and that the individual requires anonymity or protection, the committee may invite the witness to appear in camera (i.e., in private) with the proceedings not being public. Should the individual refuse to appear, the committee may exercise its power to send for persons by adopting a motion to summon them to appear, as per the provincial Constitution Act (s. 53) and Standing Order 72. The adopted motion gives the Chair the power to issue a warrant or subpoena, as provided by the provincial Constitution Act (s. 53(5)).

The power to send for persons, papers and records is recognized as fundamental to the functioning of the Legislative Assembly and its committees. To assist them in their work and inquiries, parliamentary committees may request that individuals and public officials provide documents and information related to their inquiry and their terms of reference.

As in the case of invitations sent to witnesses, most documents and information requested by a committee is provided willingly. In cases where a private citizen or public official is reluctant to provide the information, and should the committee determine that the documents or information requested are critical to the work of the committee, the committee can adopt a motion for the production of the document or information. 348 The committee may consider further sanctions as it may deem appropriate in the circumstances. Further information is outlined in Chapter 17 (Parliamentary Privilege).

Parliamentary committees in British Columbia are also empowered by the provincial Constitution Act (s. 54) to examine witnesses under oath. The form of the oath that may be administered to a witness is prescribed in section 52(2) of the provincial Constitution Act:

The form of the oath may be modified if the matter on which the witness is appearing before the committee does not relate to a bill. A witness may also choose to make a solemn affirmation rather than swear the oath, which has the same legal effect. The administration of an oath to a witness appearing before a parliamentary committee is a rare occurrence in British Columbia.

14.7Membership of Parliamentary Committees

Standing Order 68(1) requires the appointment of a Special Committee of Selection at the commencement of every Session. The appointment of a Special Committee of Selection is typically brought forward in a motion moved by the Premier on Opening Day, of which notice is not required.

Parliamentary committees vary in size, and membership traditionally reflects, as closely as possible, party representation in the Legislative Assembly — including any Independent Members. Each recognized caucus determines which of its Members will form part of the membership of each parliamentary committee. The restrictions that previously applied to the number of members of special committees and the Select Standing Committee on Crown Corporations were removed in 1985. Prior to 1985, Standing Order 69 placed a cap of 11 Members on special committees, and Standing Order 72A (now eliminated) stated that the membership of the Select Standing Committee on Crown Corporations was limited to 14 Members.

The Special Committee of Selection meets to determine a membership list for each parliamentary committee, including designating one Member as Convener, responsible for arranging the Committee’s initial, or organizational, meeting. Once adopted by the Committee of Selection, this list is presented in the form of a report to the Legislative Assembly. The report must subsequently be approved by the Assembly prior to taking effect.

In some circumstances, the membership of a select standing or special committee may be established in a motion on notice setting out the committee’s terms of reference (see B.C. Journals, April 24, 2018, pp. 63-4).

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14.7.1Changes in Membership

Pursuant to Standing Order 69(2), the membership of parliamentary committees can only be revised by a motion on notice or by a report of the Special Committee of Selection presented as a motion (which requires notice, or leave if the notice requirement is not met) adopted by the Legislative Assembly, specifying the names of the Members to be added or substituted. The requirement for notice is a well-designed provision to discourage casual substitutions and additions. This provides continuity in the work of committees and also provides Members with regular opportunities to build knowledge and experience with a range of committee-related work.

Although not formally provided for within the Standing Orders, in the rare instances when a change in committee membership is required and the Legislative Assembly is not sitting, the House Leaders of all recognized caucuses may agree to sign a memorandum of agreement to that effect. When the Assembly resumes sitting, a motion to retroactively ratify any membership changes outlined in the memorandum of agreement must be presented to the Legislative Assembly for adoption (see B.C. Journals, October 1, 2018, pp. 102-3). This is a relatively new practice, and the memorandum of agreement is not binding on the Assembly.

Members of the Legislative Assembly who have a particular interest in the work of a committee to which they have not been appointed are welcome to attend meetings as observers. With the consent of the committee, these Members may participate in public proceedings but may not move motions, vote or be part of any quorum count.

14.8Committee Chair

14.8.1Selection of a Committee Chair

The Chair of a select standing or special committee is chosen by the committee itself.

The election of the Chair is the first item of business of a newly appointed committee. At the first meeting of a committee in a new Session, the Clerk to the Committee will call the committee to order and will then call for nominations for the position of Chair. A Member may be nominated and elected as Chair even though they are absent from the meeting at which the committee elects a Chair.

If more than one candidate is nominated, the Clerk to the Committee will oversee an election process to determine which candidate has a majority of votes. When the 350 vote is taken, the candidate who receives a majority of votes takes the chair and presides over the remainder of the meeting, including the next agenda item, which is the election of the Deputy Chair.

Typically, in British Columbia, the Chair of a committee is a Member of the Government Caucus, and the Deputy Chair is a Member of the Official Opposition Caucus. However, by longstanding tradition, the Select Standing Committee on Public Accounts has had a Member of the Official Opposition serve as Chair and a Member of the Government Caucus as Deputy Chair. This historic tradition highlights the role that the opposition plays in our system of parliamentary governance in scrutinizing the expenditures, actions and decisions of the executive branch of government.

14.8.2Duties and Powers of the Chair

The Chair of a parliamentary committee is responsible for maintaining order and decorum in committee meetings, deciding questions of procedure, overseeing a committee’s administrative operations, and acting as a representative of the committee. In the absence of the Chair at a meeting of the committee, the Deputy Chair, or any other Member designated by the Committee, may take the chair for that meeting.

In relation to the Chair’s powers, a decision of Speaker Smith noted (B.C. Journals, July 18, 1977, p. 209):

Similar to constraints placed on the Speaker during proceedings of the Legislative Assembly, the Chair of a committee does not move motions or have a deliberative vote — i.e., a right to vote with other Committee Members. There is one exception for the Select Standing Committee on Parliamentary Reform, Ethical Conduct, Standing Orders and Private Bills, outlined further in section 14.8.3.

14.8.3Chair’s Casting Vote

In the case of an equality of votes in committee, the Chair must exercise a casting, or deciding, vote as per Standing Order 10.

The principles guiding the Chair’s exercise of a casting vote are outlined in Chapter 4 (The Speaker). The underlying basis of the principles is that a Chair should vote in such a way to allow further discussion whenever possible. The principles guiding the Chair’s exercise of a casting vote are usually applied to questions relating to proceedings on a bill, and reflect the need for a Chair to remain impartial (see Select Standing Committee on Finance and Government Services Hansard, July 13, 2018, p. 583).

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The rule giving the Chair a casting vote has its origin in the U.K. House of Commons when, in 1836, the House declared, after the Chair of a parliamentary committee claimed such a right, that “according to the established rules of Parliament, the Chairperson of a select committee can only vote when there is an equality of voices” (Erskine May, 5th ed., p. 390).

Historically, the Chairs of parliamentary committees in British Columbia had two votes: a deliberative vote and a second, casting vote. This provision was eliminated in 1985 when the Standing Orders were amended to provide for only a single, casting vote to the Chair, with one exception noted below.

Today, only the Chair of the Select Standing Committee on Parliamentary Reform, Ethical Conduct, Standing Orders and Private Bills has a deliberative vote, pursuant to Standing Order 107; however, the Chair of this Committee does not enjoy a second, or casting, vote when the votes are equal. The reference in Standing Order 71(1) to the voting power of the Chair of the Select Standing Committee on Parliamentary Reform, Ethical Conduct, Standing Orders and Private Bills is an error. Standing Order 107 was amended in 1985 to remove the Chair’s second vote, and a consequential amendment to Standing Order 71(1) was overlooked.

14.9Meetings of Parliamentary Committees

Historically, parliamentary committees were not permitted to sit and transact business during sittings of the Legislative Assembly without authorization from the House (see decision of Speaker Dowding, B.C. Journals, March 29, 1973, pp. 193-5). More recently, committees receive terms of reference including a provision to allow the committee to “sit during a period in which the House is adjourned, during the recess after prorogation until the next following Session and during any sitting of the House” as well as a provision to “adjourn from place to place, as may be convenient” (B.C. Journals, February 14, 2018, pp. 12-4).

Committee meetings are usually held in one of two main committee rooms in the Parliament Buildings: the Douglas Fir Committee Room or the Birch Committee Room. Each committee room is laid out in a hollow square and is equipped with a digital recording system, similar to that used in the Chamber, operated by Hansard Services.

If permitted in their terms of reference, committees may also travel throughout the province to hear from the public, thereby extending the presence of the Legislative Assembly beyond the Legislative Precinct.

In practice, parliamentary committees operate in a more relaxed and less formal setting than proceedings of the Legislative Assembly. Members may address each other by name, rather than by electoral district name, and there are no formal limits on speaking times or on the number of times a Member may speak during a committee discussion, other than those that may be imposed by a committee from time to time.

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While Standing Order 106 requires five calendar days’ notice for a meeting of the Select Standing Committee on Parliamentary Reform, Ethical Conduct, Standing Orders and Private Bills on a private bill, the Standing Orders are silent regarding notice of meetings for any other committees. The Clerk to the Committee, in consultation with the Chair, canvasses Committee Members to set up meetings of the committee.

A list of upcoming committee meetings, prepared by the Parliamentary Committees Office, is made available on the Legislative Assembly’s website.

14.9.1In Camera Meetings

A committee may always conduct its deliberations in camera to prevent the premature publication of its proceedings prior to a formal report to the Legislative Assembly. Members of the Legislative Assembly who are not members of the committee normally withdraw when the committee is meeting in camera (see House of Commons Procedure and Practice, 3rd ed., p. 1089). At its discretion, a committee may allow any Member or other individual to remain in the meeting room during in camera proceedings.

When a committee chooses to meet in camera by adopting a motion to that effect, all matters discussed become strictly confidential. All members of the public, the media, Members’ and caucus staff, and any other staff not specifically assigned to the committee must leave the meeting room.

Committees have the right to exclude strangers at any time, and to sit in private. “Strangers” is a purely technical term with a parliamentary connotation to refer to all persons who are not Members, officers or staff of the Legislative Assembly; it is not intended in any way to reflect or express any parliamentary attitude towards members of the public. More information is outlined in Chapter 6 (Order and Decorum).

As noted in Beauchesne:

A committee’s in camera deliberations can provide the committee with the opportunity to deliberate fully, candidly and frankly, thereby creating an environment which may be more conducive to the production of a complete and thorough report to the Legislative Assembly.

A committee’s in camera proceedings are protected by parliamentary privilege. The publication or divulgence of a committee’s in camera proceedings may be deemed to be a breach of privilege, which the Legislative Assembly could deal with upon receiving a report from the committee. In British Columbia, the practice has evolved in recent years 353 in that, with some exceptions, deliberations on draft reports of a committee are held in camera. The reason that committees may adopt this practice is that a committee’s recommendations must remain confidential until its report is made public, either by presenting the report to the Legislative Assembly or by depositing it with the Clerk of the Legislative Assembly during a non-sitting period.

As special committees to appoint statutory officers deal with confidential personnel matters during their deliberations, an appointment committee typically adopts a motion at its first meeting for all of the committee’s deliberations and proceedings to take place in camera.

Committees should give careful consideration to the matters they choose to deal with in camera and those they choose to discuss in public. In addition to the consideration of draft recommendations, a committee may contemplate deliberating in camera when matters under consideration involve:

• sub judice issues;
• classified or confidential material;
• commercial, real estate or contractual negotiations;
• matters protected by privacy laws;
• legal matters;
• personnel matters;
• security-related matters; or
• serious allegations against third parties.

14.9.2Application of Standing Orders

Pursuant to Standing Order 71(1), procedures in select standing and special committees are governed by the Standing Orders “to the same extent as the same may be applicable to the Committee of the Whole House as provided in Standing Order 61.”

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Standing Orders 68 through 72 set out specific procedures for parliamentary committees. Should a situation arise where there is no applicable Standing Order or precedent in a committee context, the committee may endeavour to follow any generally applicable procedures or practices used by Committees of the Whole or by the Legislative Assembly.

In 1985, Standing Order 71(1) was amended to codify the well-established rule that procedural matters arising in a committee must be settled by the committee (see Speakers’ decisions in B.C. Journals, May 29, 2002, p. 136; February 14, 1968, pp. 52-3). This includes a prohibition against attempting to bring such matters before the Legislative Assembly by way of a question of privilege or an application under Standing Order 35.

If, however, the committee should agree to report such a matter to the Legislative Assembly for consideration by the Speaker or the Assembly, such a report would likely be acted upon, depending on the contents of the report. A report of this nature would not bind the Speaker or the Legislative Assembly to any particular course of action, and the matter could, under certain circumstances, be referred back to the committee for resolution.

14.9.3Quorum

A majority of committee Members, including the Chair, constitutes a quorum, unless the Legislative Assembly has specified otherwise in the committee’s terms of reference. Should the committee not be able to attain or sustain a quorum, the meeting may only proceed for informational purposes, provided the Members in attendance do not object. This practice is a courtesy to witnesses scheduled to appear before a committee who have made the effort to attend the committee meeting, especially public hearings held beyond the Legislative Precinct and outside of the provincial capital. Minutes and Hansard transcripts of the meeting are prepared, and the testimony received by the committee may be considered during its deliberations. However, no motions may be adopted when a quorum is not present.

14.9.4Suspension of a Member under Standing Order 21

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A Member who is ordered to withdraw from the Legislative Assembly under Standing Order 19, or is suspended from the service of the Assembly pursuant to Standing Order 20, is also suspended from participating in the affairs of parliamentary committees for the same period, as per Standing Order 21.

As previously noted, the Chair of a parliamentary committee is responsible for maintaining order and decorum in committee meetings. Should grave disorder arise during a meeting of a parliamentary committee, neither the committee nor the Chair have the authority to impose any sanctions; they must report the circumstances to the Legislative Assembly for the House to take any appropriate action.

14.9.5Evidence Presented to Parliamentary Committees

Just as the Legislative Assembly is not aware of proceedings in a Committee of the Whole without the Committee’s report on the matter, evidence before a parliamentary committee should not be discussed in the Assembly until the House has received the committee’s report.

The rule in British Columbia has been that any matter referred to a select standing or special committee is best dealt with by that committee. However, the Legislative Assembly has never precluded itself from making a limited or general reference to the subject matter in debate. Speaker Whittaker delivered the following decision with reference to certain questions arising in debate (B.C. Journals, March 8, 1943, pp. 56-7):

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The extent to which a matter referred to a select standing committee may be canvassed in the Legislative Assembly, by way of a Ministerial Statement, prior to the committee reporting its findings is examined in a decision of Speaker Sawicki (see B.C. Journals, June 1, 1993, p. 96).

14.9.6Transcripts and Audio Broadcast of Proceedings

Hansard Services publishes the official reports of the proceedings (Hansard) of the Legislative Assembly and its parliamentary committees. Transcribing Assembly proceedings takes precedence; however, a draft transcript, known as the Blues, is typically posted on the Assembly’s website within a few hours of the adjournment of a committee meeting.

The audio proceedings of parliamentary committees are broadcast on the parliamentary television network. Live and archived audio webcasts are also accessible on each committee’s website. The webcasts include audio from all public meetings, whether they are held in the Parliament Buildings or in any other venue in the province. Mobile audio webcasts are also available.

14.10Reports of Parliamentary Committees

A parliamentary committee’s terms of reference normally require that the committee make its views, findings and recommendations known to the Legislative Assembly by way of a report addressing matters assigned to the committee by the Assembly.

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After considering any submissions that a parliamentary committee may have solicited in the course of its work, a report to the Legislative Assembly is prepared that outlines the committee’s findings and recommendations.

After considering any submissions, a parliamentary committee prepares a report outlining its findings and recommendations.

A committee is a subordinate advisory body to the Legislative Assembly. As such, all committee reports, including draft reports, remain strictly confidential until a final copy, adopted by the committee, is presented to the Assembly or released by way of formal deposit with the Office of the Clerk during non-sitting periods.

Committee reports are usually presented during Routine Business, after Oral Question Period and before the Legislative Assembly proceeds to the Orders of the Day, during Presenting Reports by Committees (see Standing Order 25). Leave is not required to present a committee report, as the Legislative Assembly previously ordered the committee to report to the Assembly. However, leave would be required if the report is presented to the Assembly outside of the appropriate order of business, noted above.

14.10.1Signing of a Report

Prior to a report’s presentation to the Legislative Assembly, the Chair must sign the report to denote authentication on behalf of the committee — whether in agreement with the report’s findings or not (see Beauchesne, 6th ed., §873, p. 241).

14.10.2Adoption of a Report by the Legislative Assembly

When a committee report is presented to the Legislative Assembly, the Chair will move a motion that the report be “read and received” or “taken as read and received.” Reports of committees containing only statements of fact may simply be presented for the information of Members and are only subject to this motion. No debate takes place, and a second motion to adopt the report is not required (see Beauchesne, 4th ed., §325(1), p. 252). If the report contains any recommendations, opinions, resolutions or other propositions, the Chair typically immediately requests leave to move a second motion that the report be adopted; otherwise, a motion to adopt the report requires two days’ notice (see Beauchesne, 4th ed., §320, p. 250; see also B.C. Journals, March 24, 1953, p. 136; February 28, 1929, p. 64).

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As per Standing Order 45(1)(b), a motion to adopt a committee report is debatable, and all Members may participate in the debate. Typically, the Chair, Deputy Chair and a representative from each recognized caucus will speak on the motion to adopt the report. At the conclusion of the debate, the Assembly votes on the motion to adopt the report.

14.10.3Recommittal of a Report

A committee report cannot be amended by the Legislative Assembly. When the report is presented, the Assembly only deals with two questions: whether the report shall be read and received, and whether the report shall be adopted. If the Assembly believes that the contents of the committee’s report merit amendment or further study, the Assembly may choose to send the report back to the committee (see B.C. Journals, March 18, 1980, p. 32; see also House of Commons Procedure and Practice, 3rd ed., p. 1087).

The Legislative Assembly may recommit a report to a committee with instructions for revision, or it may amend the terms of reference. This procedure may be adopted upon the presentation of the report, or as a separate substantive motion.

14.10.4Minority Reports Not Permitted

In the Legislative Assembly, parliamentary committees often agree unanimously to a committee’s report and recommendations. This practice reflects a strength of British Columbia’s all-party committee system that is not always common in other jurisdictions. Failing unanimity, the conclusions agreed to by the majority — the opinion of the committee as a committee, not the opinion of individual committee members — are the conclusions of the committee. No signatures may be attached to the report for the purpose of showing any difference of opinion; nor may the committee include in its report any observations which the minority or any individual Member desires to offer; nor may a draft report be printed as an appendix or be otherwise released (see B.C. Journals, March 8, 1906, p. 106; House of Commons (Canada) Journals, March 16, 1972, p. 194; see also Erskine May, 25th ed., §38.48, pp. 985-6).

There have been occasional instances in British Columbia when the terms of reference given to a committee by the Assembly made explicit provision for a “minority opinion” to be filed (see B.C. Journals, August 27, 2001, p. 62; August 14, 1996, p. 87). Although there were no provisions for a minority report in the terms of reference of the Select Standing Committee on Education, following the presentation and adoption of the Committee’s report, the Legislative Assembly granted leave for a Member to table a copy of a minority report on the same matter (see B.C. Journals, February 27, 2007, p. 26). It should be noted that procedural matters proceeding by unanimous consent (leave) do not form the basis of a precedent.

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14.11Effect of Prorogation and Dissolution

As outlined in Chapter 1 (Legislative Assembly Overview), a Parliament is the period of time between provincial general elections, composed of a number of Sessions that are made up of individual sittings of the Legislative Assembly. These periods are numbered consecutively — for example, the 41st Parliament, Third Session.

A Parliament ends when the Lieutenant Governor, acting on the advice of the Premier, issues a proclamation dissolving the Legislative Assembly, and a provincial general election ensues. At dissolution, all business before the Assembly is terminated, and committees cease to exist.

Prorogation terminates a Session of a Parliament; the Legislative Assembly stands prorogued until the opening of a new Session, and may not sit until summoned by a proclamation of the Lieutenant Governor. At prorogation, all business before the Legislative Assembly is terminated. As a parliamentary committee is a subordinate body which derives its powers and authority from the Assembly, all business before it is also terminated, and it ceases to exist. However, during the interval between Sessions or in the following Session, a committee may deposit its report for presentation, as long as the committee adopted the report prior to prorogation.

The practice in British Columbia is to prorogue a Session in the morning and to convene a new Session later that same day. Committees require the Legislative Assembly to appoint their membership and to adopt a new terms of reference in order to begin their work in the new Session.

In B.C., committees have been empowered by their terms of reference to sit between Sessions of a Parliament, and also to report to the Legislative Assembly in a subsequent Session within the same Parliament.

14.12Parliamentary Committees Office

Before the 1985 changes to the Standing Orders, the only committee of the Legislative Assembly which had a Table Officer in regular attendance was the Select Standing Committee on Parliamentary Reform, Ethical Conduct, Standing Orders and Private Bills. In 1985, the committee mandated to examine the existing Standing Orders recommended the implementation of Practice Recommendation 4, subsequently adopted by the Legislative Assembly, reflecting the Committee’s wish to expand the Office of the Clerk to provide for a Clerk of Committees to be available when required.

The Parliamentary Committees Office, first established in 1987 as the Office of the Clerk of Committees, includes Committee Research Services. The Office provides non-partisan procedural and research services as well as administrative and logistical support to the Legislative Assembly and its committees.