What is Dissolution of Parliament?
A parliament is the period of parliamentary business between two general elections. Dissolution marks the end of a parliament, paving the way for the next general election. It brings an end to essentially all parliamentary business before the Senate and the House of Commons and their respective committees. Dissolution should not be confused with a prorogation of Parliament, which marks the end of a parliamentary session within a parliament.
The Canada Elections Act currently restricts the duration of a parliament to no more than approximately four years. Under section 56.1 of the act, a general election must be held on the third Monday of October in the fourth year following polling day for the last general election, unless Parliament is dissolved earlier. Following the election, a new parliament will open with a Speech from the Throne delivered by the King or his representative in Canada, the governor general.
How is Parliament dissolved?
The normal process is that the governor general, following the advice of the prime minister, issues three proclamations to begin dissolution. These usually appear in the same issue of the Canada Gazette, the official bulletin of the Government of Canada. Neither the Senate nor the House of Commons has to be sitting in order for Parliament to be dissolved.
The first proclamation states that Parliament is dissolved and declares that “the senators and members of Parliament are discharged from their meeting and attendance.” The second calls the next parliament, orders the issuing of election writs to constituencies across the country and sets dates for polling and for the return of the writs. The third proclamation sets the date on which Parliament is summoned to meet after the election.
What happens to the work under way in Parliament?
Once Parliament is dissolved, parliamentary business — such as bills, motions, inquiries and committee reports — ceases in both the Senate and the House of Commons. This also happens with prorogation. In addition, senators cease to be members of all standing, special and joint committees, with the exception of three Senate committees.
The first exception is the Standing Committee on Internal Economy, Budgets and Administration, which is given certain powers through section 19.1 (2) of the Parliament of Canada Act to continue managing the internal business of the Senate. The committee deals with administrative matters — such as budgets and human resources — and needs to be able to make decisions despite the fact Parliament is dissolved or prorogued.
The Standing Committee on Ethics and Conflict of Interest for Senators becomes an Intersessional Authority on Ethics and Conflict of Interest for Senators, which may undertake certain work during a dissolution or a prorogation and continue to provide general direction to the Senate Ethics Officer. Similarly, the Standing Committee on Audit and Oversight becomes an Intersessional Authority on Audit and Oversight to conduct certain work. These bodies continue to operate, with some restrictions, until new members are appointed in a new session.
In order for legislation that hasn’t been passed to be considered in the new parliament, after the general election, it must be reintroduced in the Senate or the House of Commons, starting the review process over again. Legislation that fails to pass during a session is often described as having “died on the Order Paper.”