Order Fixing July 26, 2022 as the Day on Which Division 13 of Part 5 of the Budget Implementation Act, 2022, No. 1 Comes into Force: SI/2022-35

Canada Gazette, Part II, Volume 156, Number 16

Registration
SI/2022-35 August 3, 2022

BUDGET IMPLEMENTATION ACT, 2022, NO. 1

Order Fixing July 26, 2022 as the Day on Which Division 13 of Part 5 of the Budget Implementation Act, 2022, No. 1 Comes into Force

P.C. 2022-872 July 14, 2022

Her Excellency the Governor General in Council, on the recommendation of the Leader of the Government in the House of Commons, under section 254 of the Budget Implementation Act, 2022, No. 1, chapter 10 of the Statutes of Canada, 2022, fixes July 26, 2022 as the day on which Division 13 of Part 5 of that Act comes into force.

EXPLANATORY NOTE

(This note is not part of the Order.)

Proposal

To bring into force on July 26, 2022, Division 13 of Bill C-19, An Act to implement certain provisions of the budget tabled in Parliament on April 7, 2022 and other measures, which received royal assent on June 23, 2022. Division 13 included amendments to the Parliament of Canada Act to address the changes that have taken place in the Senate in recent years with a view to recognizing the independence and non-partisan nature of the Senate.

Objective

The amendments to the Parliament of Canada Act are an important step in continuing the Government’s commitment to support making the Senate more independent, non-partisan, transparent and accountable.

Included in the 2021 mandate letter of the Government House Leader is a commitment to update the Parliament of Canada Act to reflect the Senate’s new, non-partisan role. Division 13 of Part 5 amends the Parliament of Canada Act and makes consequential and related amendments to other Acts to

  • extend eligibility for annual allowances to senators occupying leadership positions in parties or groups beyond only the Government and Opposition;
  • provide that at least one senator from each group in receipt of a leadership allowance be represented on the parliamentary committee formed under the Emergencies Act;
  • allow for the leader or facilitator of all recognized parties and groups in the Senate to be able to
    • make membership changes to the Senate Standing Committee on Internal Economy, Budgets and Administration,
    • be consulted on the appointments of the following officers or agents of Parliament: the Senate Ethics Officer, the Parliamentary Budget Officer, the Information Commissioner, the Auditor General of Canada, the Privacy Commissioner, the Commissioner of Official Languages for Canada, the Commissioner of Lobbying, and the Public Sector Integrity Commissioner, and
    • be consulted on the appointment of senators to the National Security and Intelligence Committee of Parliamentarians; and
  • add the titles of “Government Representative in the Senate,” “Legislative Deputy to the Government Representative in the Senate,” and “Government Liaison” to the Parliament of Canada Act.

Background

The Parliament of Canada Act is a statute that sets out the rules related to financial and administrative matters of the House of Commons and the Senate. These include, among others, remuneration for the Speakers and Deputy Speakers of both chambers, Chairs of House and Senate committees, Members of Parliament, Parliamentary Secretaries and Senators in leadership positions representing the Government and the Opposition. The Act also contains provisions related to the Library of Parliament, Parliamentary Budget Officer, Senate Ethics Officer and Conflict of Interest and Ethics Commissioner.

In 2016, the Government established a non-partisan, merit-based process for Senate appointments. The Independent Advisory Board for Senate Appointments is playing an important role in Canada’s democracy by providing the Prime Minister with non-binding, merit-based recommendations for Senate appointments that reflect Canada’s diversity and make a significant contribution to the work of Parliament.

Since its establishment, 60 Senators have been appointed to the Senate and 3 new non-partisan groups have formed in the Senate: the Independent Senators Group, the Canadian Senators Group and the Progressive Senate Group.

The Senate has made amendments to its internal rules to recognize parliamentary groups of at least nine senators and gave procedural rights to these groups and their leader or facilitator.

Building on these important steps forward, changes to the Parliament of Canada Act and other Acts will reflect the new reality in the Senate.

Implications

The financial implications of the Order are related to additional annual allowances that are paid to senators who occupy certain positions so that the three largest recognized parties or parliamentary groups in the Senate, apart from the Government and Opposition, are eligible for the allowances for four leadership positions each.

Consultation

The leaders and facilitators of the recognized parties and parliamentary groups in the Senate were consulted on the Order.

Contact

Timothea Gibb
Director of Operations
Legislation and House Planning
Privy Council Office
Telephone: 343‑575‑1094
Email: timothea.gibb@pco-bcp.gc.ca