House of Commons of Canada - Relationship With The Executive

Relationship With The Executive

Though it does not formally elect the prime minister, the House of Commons indirectly controls the premiership. 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 may only stay in office as long as he or she retains 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. The 2006 Conservative government introduced a bill to set fixed election dates every four years, although snap elections are still permitted. This bill was approved by parliament and has now become law.

Whatever the reason— the expiry of parliament's five-year term, the choice of the prime minister, or a government defeat in the House of Commons— a 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 his or her 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 premiership goes to the new leader of the outgoing prime minister's party.

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 of other Cabinet ministers. Questions must relate to the responding minister's official government activities, not to his or her 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 a 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 Tory minority government was defeated after a term of just six months.