Canadian Parliamentary System

Canadian Parliamentary System

Introduction

Canada is a constitutional monarchy and a parliamentary democracy, founded on the rule of law and respect for rights and freedoms. The government acts in the name of the Crown but derives its authority from the Canadian people.

Canada’s parliamentary system stems from the British, or “Westminster”, tradition. Parliament consists of the Crown, the Senate, and the House of Commons, and laws are enacted once they are agreed to by all three parts. Since Canada is a federal state, responsibility for lawmaking is shared among one federal, ten provincial and three territorial governments. The judiciary is responsible for the interpretation and application of the law and the Constitution and for giving impartial judgments.

The Canadian Constitution

Canada’s Constitution sets forth the system of fundamental laws and principles that outline the nature, functions, and limits of Canada’s system of government, both federal and provincial. It prescribes which powers—legislative, executive and judicial—may be exercised by which level of government, and it sets limits on those powers. It also lays out the powers and authorities of the office of the Governor General, as well as those of the Senate and the House of Commons.

The Constitution involves more than a single document. The Constitution Act, 1867 brought Canada into being with a constitution similar in principle to that of the United Kingdom. The Constitution Act, 1982 contains the Canadian Charter of Rights and Freedoms and the procedure for amending the Constitution. Some of Canada’s most important rules are not matters of law but are conventions or practices.

The Crown

Head of State represented in Canada by the Governor General

Executive Branch

Government

Prime Minister and Cabinet

Legislative Branch

(Parliament)

Senate

Upper Chamber of 105 Senators appointed by the Governor General to represent regions of the country

House of Commons

Lower Chamber of 338 members elected to represent the people from their electoral district

The Crown and the Governor General

In Canada, executive authority is formally vested in the Crown (the Sovereign), and it is exercised in its name by the Governor General, acting on the advice of the Prime Minister and the cabinet. The Constitution reserves certain prerogatives of government for the Crown, including the powers to:

give royal recommendation to bills that propose to spend government revenues;

give royal assent to bill passed by the Senate and the House of Commons so that they become law;

appoint holders of many important offices (e.g., judicial and diplomatic);

dissolve Parliament before elections, and to open and close parliamentary sessions (at the beginning of each parliamentary session, the Governor General reads the Speech from the Throne, prepared by the Prime Minister, outlining the Government’s objectives for the upcoming session); and

choose the Prime Minister (by convention, the leader of the party with the most seats in the House of Commons following a general election).

The Governor General is appointed by the Sovereign on the recommendation of the Prime Minister for a tenure of usually five years which may be extended at the discretion of the Sovereign. As the Sovereign’s representative, the Governor General is the Commander-in-Chief of the Canadian Armed Forces, performs several ceremonial functions, and represents Canada in state visits and in other international events.

The Legislative Branch (Parliament)

Parliament is Canada’s legislature, the federal institution with the power to make laws, to raise taxes, and to authorize government spending. The Parliament of Canada is “bicameral”, meaning it has two chambers: the Senate and the House of Commons.

Proposed government legislation is introduced in one of the two chambers, usually the House of Commons, by a minister. Bills calling for the spending of public revenues or for the imposing of taxes must originate in the House of Commons. Once introduced, a bill is subjected to a detailed process of review, debate, examination and amendment through both Houses before it is ready to receive final approval. The House of Commons also considers items of Private Members’ Business, that is, bills and motions proposed by members who are not cabinet ministers.

To become law, all legislation must be adopted by both Houses in identical form and receive royal assent. For more information, see the Our Procedure article about legislative process.

The Senate

The House of Commons

The Executive Branch

In Canada, executive authority is vested in the Crown and carried out by the Governor in Council—the Prime Minister and cabinet.

Once appointed, the Prime Minister selects a number of confidential advisers, usually from among the elected members of Parliament belonging to the governing party, who are made members of the Privy Council and then sworn in as ministers. Collectively, they are known as cabinet and are each responsible for individual portfolios or departments, usually assisted by other members of Parliament who have been appointed as parliamentary secretaries.

Cabinet is the key decision-making forum in the Canadian government. It leads and directs the executive branch of government. Cabinet acts as an executive council that develops policies to govern the country and introduces bills to transform these policies into law.

Responsible Government and Ministerial Responsibility

The Confidence Convention

Political Parties in Canada

Political parties are organizations that bring together a group of people committed to a particular approach to governing and who pursue shared goals bases on a common vision. This approach is expressed through policies. Parties seek political power to be able to implement their policies.

Most members of Parliament belong to a political party. Members of the House of Commons – and, typically, Senators – belonging to the same political party are collectively referred to as that party’s parliamentary caucus. Members may also be independent of any party affiliation.

According to the Parliament of Canada Act, a political party must have at least 12 elected members to be a “recognized party” in the House of Commons. Recognized parties receive additional financial allowances and are entitled to funding for their research groups.

The Role of Opposition Parties in Canada

For More Information:

House of Commons Procedure and Practice, third edition, 2017

Chapter 1, Parliamentary Institutions

Chapter 2, Parliaments and Ministries

For questions about parliamentary procedure, contact the Table Research Branch

 613-996-3611

 trbdrb@parl.gc.ca

Senate

Library of Parliament

Parliamentary Protective Service

Employment at Parliament

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