Палата общин Канады: структура и функции

Lower house of the Canadian Parliament

The House of Commons of Canada is the lower house of the Parliament of Canada. Together with the Crown and the Senate of Canada, they comprise the bicameral legislature of Canada. The House of Commons is a democratically elected body whose members are known as members of Parliament (MPs). There have been up to 338 MPs since the most recent electoral district redistribution for the 2015 federal election, which saw the addition of 30 seats. Members are elected by simple plurality ("first past the post" system) in each of the country's electoral districts, which are colloquially known as ridings. MPs may hold office until Parliament is dissolved and serve for constitutionally limited terms of up to five years after an election. Historically, however, terms have ended before their expiry and the sitting government has typically dissolved parliament within four years of an election according to a long standing convention. In any case, an act of Parliament now limits each term to four years. Seats in the House of Commons are distributed roughly in proportion to the population of each province and territory. However, some ridings are more populous than others, and the Canadian constitution contains provisions regarding provincial representation. As a result, there is some interprovincial and regional malapportionment relative to the population. The British North America Act 1867 (now called the Constitution Act, 1867) created the House of Commons, modelling it on the British House of Commons. The lower of the two houses making up the parliament, the House of Commons, in practice holds far more power than the upper house, the Senate. Although the approval of both chambers is necessary for legislation to become law, the Senate only occasionally amends bills passed by the House of Commons and rarely rejects them. Moreover, the Cabinet is responsible primarily to the House of Commons. The government stays in office only so long as they retain the support, or "confidence", of the lower house. The House of Commons meets in a temporary chamber in the West Block of the parliament buildings on Parliament Hill in Ottawa, while the Centre Block, which houses the traditional Commons chamber, undergoes renovation.

The term derives from the Anglo Norman word communes, referring to the geographic and collective "communities" of their parliamentary representatives and not the third estate, the commonality. This distinction is made clear in the official French name of the body, Canada and the United Kingdom remain the only countries to use the name "House of Commons" for a lower house of parliament. The body's formal name is: The Honourable the Commons of Canada in Parliament assembled

The House of Commons came into existence in 1867, when the British Parliament passed the British North America Act 1867, uniting the Province of Canada (which was divided into Quebec and Ontario), Nova Scotia and New Brunswick into a single federation called Canada. The new Parliament of Canada consisted of the monarch (represented by the governor general, who also represented the Colonial Office), the Senate and the House of Commons. The Parliament of Canada was based on the Westminster model (that is, the model of the Parliament of the United Kingdom). Unlike the UK Parliament, the powers of the Parliament of Canada were limited in that other powers were assigned exclusively to the provincial legislatures. The Parliament of Canada also remained subordinate to the British Parliament, the supreme legislative authority for the entire British Empire. Greater autonomy was granted by the Statute of Westminster 1931, after which new acts of the British Parliament did not apply to Canada, with some exceptions. These exceptions were removed by the Canada Act 1982. From 1867, the Commons met in the chamber previously used by the Legislative Assembly of Canada until the building was destroyed by fire in 1916. It relocated to the amphitheatre of the Victoria Memorial Museum — what is today the Canadian Museum of Nature, where it met until 1922. Until the end of 2018, the Commons sat in the Centre Block chamber. Starting with the final sitting before the 2019 federal election, the Commons sits in a temporary chamber in the West Block until at least 2028, while renovations are undertaken in the Centre Block of Parliament.

General elections occur whenever parliament is dissolved by the governor general on the monarch's behalf. The timing of the dissolution has historically been chosen by the Prime minister. The Constitution Act, 1867, provides that a parliament last no longer than five years. Canadian election law requires that elections must be held on the third Monday in October in the fourth year after the last election, subject to the discretion of the Crown. Campaigns must be at least 36 days long. Candidates are usually nominated by political parties. A candidate can run independently, although it is rare for such a candidate to win. Most successful independent candidates have been incumbents who were expelled from their political parties (for example, John Nunziata in 1997 or Jody Wilson Raybould in 2019) or who failed to win their parties' nomination (for example, Chuck Cadman in 2004). Most Canadian candidates are chosen in meetings called by their party's local association. In practice, the candidate who signs up the most local party members generally wins the nomination. To run for a seat in the house, candidates must file nomination papers bearing the signatures of at least 50 or 100 constituents (depending on the size of the electoral district). Each electoral district returns one member using the first past the post electoral system, under which the candidate with a plurality of votes wins. To vote, one must be a citizen of Canada and at least eighteen years of age. Declining the ballot, which is possible in several provinces, is not an option under current federal regulations. Once elected, a member of Parliament normally continues to serve until the next dissolution of parliament. If a member dies, resigns, or ceases to be qualified, their seat falls vacant. It is also possible for the House of Commons to expel a member, but this power is only exercised when the member has engaged in serious misconduct or criminal activity. Formerly, MPs appointed to the cabinet were expected to resign their seats, though this practice ceased in 1931. In each case, a vacancy may be filled by a by election in the appropriate electoral district. The first past the post system is used in by elections, as in general elections.

The term member of Parliament is usually used only to refer to members of the House of Commons, even though the Senate is also a part of Parliament. Members of the House of Commons may use the post nominal letters "MP". The annual salary of each MP, as of lc=y, was $185,800; members may receive additional salaries in right of other offices they hold (for instance, the speakership). MPs rank immediately below senators in the order of precedence.

Under the Constitution Act, 1867, Parliament is empowered to determine the qualifications of members of the House of Commons. The present qualifications are outlined in the Canada Elections Act, which was passed in 2000. Under the Act, individuals must be eligible voters as of the day of nomination, to stand as a candidate. Thus, minors and individuals who are not citizens of Canada are not allowed to become candidates. The Canada Elections Act also bars prisoners from standing for election (although they may vote). Moreover, individuals found guilty of election related crimes are prohibited from becoming members for five years (in some cases, seven years) after conviction. The Act also prohibits certain officials from standing for the House of Commons. These officers include members of provincial and territorial legislatures (although this was not always the case), sheriffs, crown attorneys, most judges, and election officers. The chief electoral officer (the head of Elections Canada, the federal agency responsible for conducting elections) is prohibited not only from standing as candidate but also from voting. Finally, under the Constitution Act, 1867, a member of the Senate may not also become a member of the House of Commons and MPs must give up their seats when appointed to the Senate or the bench.

The House of Commons elects a presiding officer, known as the speaker, a proposal that was supported by speakers of the House of Commons John Fraser and Gilbert Parent, a Commons committee was eventually struck following a motion by MP Derek Lee, before which Hicks and Robert Watt, the first chief herald of Canada, was called as the only two expert witnesses, though Senator Serge Joyal joined the committee on behalf of the Senate. Commons' speaker Peter Milliken then asked the governor general to authorize such a symbol. In the United Kingdom, the House of Commons and the House of Lords use the royal badge of the portcullis, in green and red respectively, to represent those institutions and to distinguish them from the government, the courts and the monarch. The Canadian Heraldic Authority on April 15, 2008, granted the House of Commons, as an institution, a badge consisting of the chamber's mace (as described above) behind the escutcheon of the shield of the royal arms of Canada (representing the monarch, in whose name the House of Commons deliberates).

Like the Senate, the House of Commons meets on Parliament Hill in Ottawa. The Commons Chamber is modestly decorated in green, in contrast with the more lavishly furnished red Senate Chamber. The arrangement is similar to the design of the Chamber of the British House of Commons. The seats are evenly divided between both sides of the Chamber, three sword lengths apart (about three metres). The speaker's chair (which can be adjusted for height) is at the north end of the Chamber. In front of it is the Table of the House, on which rests the ceremonial mace. Various "table officers"—clerks and other officials—sit at the table, ready to advise the speaker on procedure when necessary. Members of the Government sit on the benches on the speaker's right, while members of the Opposition occupy the benches on the speaker's left. Government ministers sit around the prime minister, who is traditionally assigned the 11th seat in the front row on the speaker's right hand side. The leader of the Official Opposition sits directly across from the prime minister and is surrounded by a Shadow Cabinet or critics for the government portfolios. The remaining party leaders sit in the front rows. Other members of Parliament who do not hold any kind of special responsibilities are known as "backbenchers". The House usually sits Monday to Friday from late January to mid June and from mid September to mid December according to an established calendar, though it can modify the calendar if additional or fewer sittings are required. A clause in the Constitution Act, 1867 permits the governor general (with the approval of the monarch) to appoint up to eight extra senators to resolve a deadlock between the two houses. The clause was invoked only once, in 1990, when Prime Minister Brian Mulroney advised the appointment of an additional eight senators to secure the Senate's approval for the Goods and Services Tax.

As a Westminster democracy, the Government of Canada, or more specifically the in Council, exercising the executive power on behalf of the prime minister and Cabinet, enjoys a complementary relationship with the House of Commons—similar to the UK model, and in contrast to the US model of separation of powers. Though it does not formally elect the prime minister, the House of Commons indirectly controls who becomes prime minister. By convention, the prime minister is answerable to and must maintain the support of, the House of Commons. Thus, whenever the office of prime minister falls vacant, the governor general has the duty of appointing the person most likely to command the support of the House—normally the leader of the largest party in the lower house, although the system allows a coalition of two or more parties. This has not happened in the Canadian federal parliament but has occurred in Canadian provinces. The leader of the second largest party (or in the case of a coalition, the largest party out of government) usually becomes the leader of the Official Opposition. Moreover, the prime minister is, by unwritten convention, a member of the House of Commons, rather than of the Senate. Only two prime ministers governed from the Senate: Sir John Abbott (1891–1892) and Sir Mackenzie Bowell (1894–1896). Both men got the job following the death of a prime minister and did not contest elections. The prime minister stays in office by retaining the confidence of the House of Commons. The lower house may indicate its lack of support for the government by rejecting a motion of confidence, or by passing a motion of no confidence. Important bills that form a part of the government's agenda are generally considered matters of confidence, as is any taxation or spending bill and the annual budget. When a government has lost the confidence of the House of Commons, the prime minister is obliged to either resign or request the governor general to dissolve parliament, thereby precipitating a general election. The governor general may theoretically refuse to dissolve parliament, thereby forcing the prime minister to resign. The last instance of a governor general refusing to grant a dissolution was in 1926. Except when compelled to request a dissolution by an adverse vote on a confidence issue, the prime minister is allowed to choose the timing of dissolutions, and consequently the timing of general elections. The time chosen reflects political considerations, and is generally most opportune for the prime minister's party. However, no parliamentary term can last for more than five years from the first sitting of Parliament; a dissolution is automatic upon the expiry of this period. Normally, Parliaments do not last for full five year terms; prime ministers typically ask for dissolutions after about three or four years. In 2006, the Harper government introduced a bill to set fixed election dates every four years, although snap elections are still permitted. The bill was approved by Parliament and has now become law. Whatever the reasonthe expiry of parliament's five year term, the choice of the prime minister, or a government defeat in the House of Commonsa dissolution is followed by general elections. If the prime minister's party retains its majority in the House of Commons, then the prime minister may remain in power. On the other hand, if their party has lost its majority, the prime minister may resign or may attempt to stay in power by winning support from members of other parties. A prime minister may resign even if he or she is not defeated at the polls (for example, for personal health reasons); in such a case, the new leader of the outgoing prime minister's party becomes prime minister. The House of Commons scrutinizes the ministers of the Crown through Question Period, a daily forty five minute period during which members have the opportunity to ask questions of the prime minister and other Cabinet ministers. Questions must relate to the responding minister's official government activities, not to their activities as a party leader or as a private Member of Parliament. Members may also question committee chairmen on the work of their respective committees. Members of each party are entitled to the number of questions proportional to the party caucus' strength in the house. In addition to questions asked orally during Question Period, Members of Parliament may also make inquiries in writing. In times where there is a majority government, the House of Commons' scrutiny of the government is weak. Since elections use the first past the post electoral system, the governing party tends to enjoy a large majority in the Commons; there is often limited need to compromise with other parties. (Minority governments, however, are not uncommon.) Modern Canadian political parties are so tightly organized that they leave relatively little room for free action by their MPs. In many cases, MPs may be expelled from their parties for voting against the instructions of party leaders. As well, the major parties require candidates' nominations to be signed by party leaders, thus giving the leaders the power to, effectively, end a politician's career. Thus, defeats of majority governments on issues of confidence are very rare. Paul Martin's Liberal minority government lost a vote of no confidence in 2005; the last time this had occurred was in 1979, when Joe Clark's Progressive Conservative minority government was defeated after a term of just six months.

The current and original Canadian House of Commons chamber was influenced by the British House of Commons rectangular layout and that of the original St. Stephen's Chapel in the Palace of Westminster. The difference from the British layout is with the use of individual chairs and tables for members, absent in the British Commons' design. With the exception of the legislatures in Nunavut (circular seating), the Northwest Territories (circular seating), and Manitoba (U shaped seating), all other Canadian provincial legislatures share the common design of the Canadian House of Commons. The Department of Public Works and Government Services undertook work during the 41st Parliament to determine how the seating arrangement could be modified to accommodate the additional 30 seats added in the 2015 election. Ultimately, new "theatre" seats were designed, with five seats in a row at one desk, the seats pulling down for use. Such seat sets now form almost the entire length of the last two rows on each side of the chamber.

The current chamber is currently undergoing an estimated decade long restoration and renovation, which began in December 2018. Parliamentarians have relocated to the courtyard of the 159 year old West Block which also underwent seven years of renovations and repairs to get ready for the move. Prime Minister Justin Trudeau marked the closing of the Centre Block on December 12, 2018. The final sittings of both the House of Commons and the Senate in Centre Block took place on December 13, 2018.

Off Parliament Hill MPs have some offices at Justice Building or Confederation Building down Wellington Street near the Supreme Court of Canada.