Thank you, Madam Chair.
I appreciate the opportunity to discuss the motion that's been brought forward, the motion of Ms. Vecchio, and to explain why I personally believe the motion she introduced last week is out of order. I want to begin with the preamble.
The preamble of that motion states:
That, in anticipation of the committee receiving an Order of reference, pursuant to Standing Order 32(7), no later than the 20th sitting day of the present Session, the committee shall consider the document outlining the government’s reasons for the latest prorogation....
For starters, Madam Chair, the committee has not received an order of reference on this topic. As such, it cannot issue invitations to ministers to appear for something it has no mandate to study.
Furthermore, this committee cannot order documents related to a study for which there is no order of reference and which is beyond the scope of the committee at this time. Therefore, I would submit that when the government tables a report pursuant to Standing Order 32(7) and the report is referred to the procedure and House affairs committee, that would be the time for the committee to consider a motion respecting a study on the report.
It is worth noting, Madam Chair, that House of Commons Procedure and Practice, on page 1,000, states, “With a few exceptions, studies conducted by committees are based on an order of reference or instruction from the House of Commons”. This includes studies undertaken pursuant to the Standing Orders.
The Standing Orders also discuss orders of reference. Standing Order 108(1)(a) states, “committees shall be severally empowered to examine and enquire into all such matters as may be referred to them by the House”.
Committees must also operate within the scope of their mandate. House of Commons Procedure and Practice, on page 978, makes this crystal clear:
The House delegates certain powers to the committees it creates in order for them to carry out their duties and fulfill their mandates. Committees have no powers other than those delegated to them in this way, and cannot assume...powers [of] their own initiative.
Madam Chair, it goes without saying that committees can invoke these powers only within and for the purpose of the mandate that the House has entrusted to them.