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Official party status

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Official party status refers to the Westminster practice which is officially used in the Parliament of Canada and the provincial legislatures of recognizing parliamentary caucuses of political parties. In official documents, this is sometimes referred to as being a recognized party (French: parti reconnu).

History

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Traditionally in Westminster-style parliaments, the only non-governmental member other than the speaker with a recognised status is the Leader of the Opposition. This would be the member who had the widest support among opposition MPs, who would take the lead in questioning the government during parliamentary debates, and who would traditionally be called upon by the King or Governor to attempt to form a government if the previous government lost the confidence of the House. As political parties became more formalized in the 20th century, some Westminster parliaments (particularly in Canada, but also elsewhere) began to recognize opposition political party caucuses as having a distinct role, where they would have their own opportunities to ask questions during parliamentary debates and have their own organizational budgets and offices within the parliament buildings.

Recognition in Parliament allows party caucuses certain parliamentary privileges. Generally official party status depends on winning a minimum number of seats (that is, the number of Members of Parliament or Members of the Legislative Assembly elected). The type of recognition and threshold needed to obtain it varies. However, the most coveted privileges are funding for party research offices and the right to ask questions during Question Period.

At the federal level in Canada, the idea of recognizing parties for official status started in 1963.[1] Prior to this, the only opposition recognition was that of the Leader of the Opposition, effectively limiting "official status" to the Government and the largest Opposition party. It was not until 1970 that the Elections Act was amended to allow parties to register and thus have their party name on the ballot.

Most of the rules governing official party status are not laws, but are internal rules governing the legislatures. Therefore, the members of a legislature may, if they choose, pass a motion to dispense with the rules and grant official status to parties that would otherwise fail to qualify. There are many examples of this practice in multiple areas.

Requirements for official party status

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Sometimes, the requirements for official party status are set out either in a law or in the parliament's Rules of Procedure. These rules may usually be changed or waived by a vote of the House (for instance, to allow some or all official party privileges to a party that does not meet the minimum requirements set out in the Rules).

Minimum seats required for official party status
Assembly Minimum seats Notes
Canada – House of Commons 12 seats[2]
Canada – Senate 9 seats[3]
Alberta Legislative Assembly 4 seats Status has been granted to parties with only 2 seats a number of times.
British Columbia Legislative Assembly 2 seats[4]
Manitoba Legislative Assembly 4 seats[5]
New Brunswick Legislative Assembly 5 seats or 20% of the popular vote[6]
Newfoundland and Labrador House of Assembly 2 seats
Nova Scotia House of Assembly 2 seats and the party must have run candidates in at least three-quarters of the ridings (42 out of 55) and received at least 10% of the popular vote[7] The official opposition only requires two seats and does not have to meet the additional requirements.
Ontario Legislative Assembly 12 seats[8] The rule calls for 10% of the total number of seats in the Assembly rounded to the nearest whole number.
Prince Edward Island Legislative Assembly 1 seat There is no official rule, but precedent shows that only one seat is required.
Quebec National Assembly 12 seats or 20% of the popular vote
Saskatchewan Legislative Assembly 2 seats
Yukon Legislative Assembly 1 seat and the party must have run candidates in at least two ridings

Special cases

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House of Commons

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Under the Canadian War Service Voting Regulations, 1944,[9] membership standings in the House of Commons of eight or more were used to qualify leaders to appoint scrutineers for the special returning offices.

Since the early 1950s,[10] parties other than the government and official opposition had been granted limited rights by a series of rulings in the House of Commons. Following an amendment to the Senate and House of Commons Act in 1963, the leaders of parties with twelve or more recognized members in the House of Commons began to be paid an additional stipend above that paid to all members of the House of Commons.[11] Such recognized parties have also received research funding since 1968.[10]

In 2001, the Speaker, Peter Milliken, ruled against full party recognition for the Progressive Conservative/Democratic Representative (PC/DR) Coalition, which had been formed by the 12 members of the recognized PC Party and 8 independent members of the Democratic Representative Caucus, who had left the larger Canadian Alliance caucus. Milliken identified the features of a recognized party as having 12 or more members, appointing slate of House officers as official spokespeople, and working as a cohesive unit under the same banner but noted the practice related to the recognition of parties rather than parliamentary groups. The Speaker could not grant the PC/DR Coalition full party recognition because the group disavowed the title of being a party.[12]

A party must have at least 12 seats to be recognized as an official party[13] in the House of Commons. Recognition means that the party will get time to ask questions during question period, and money for research and staff (both proportional to the number of seats).[14]

Senate

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In the Senate, a group must have nine seats to be recognized. If the group was registered by Elections Canada in the last 15 years, it is called a recognized party. Otherwise, it is called a recognized parliamentary group, as is the case of the Independent Senators Group, which has been granted some privileges like those of a party.[15]

Prior to 2017, when the Senate adopted a rules amendments to recognize parliamentary groups not affiliated with a political party,[16][17] the Senate used political party recognition rules first adopted in 2002.[18] The 2002 rules defined a recognized party as having five or more members in the Senate and required that the party be registered by Election Canada at the time of initial recognition. However, once the party was recognized in the Senate, it could retain its status even if it became deregistered, so long as it kept at least five members.[19] In response to a question in an earlier debate about third political party recognition, Jack Austin, at the time the chair of the Senate Rules Committee, stated that the number of five was chosen as a proportional equivalent to the House of Commons 12-member rule.[20]

The second part of the 2002 rule meant that the rump Progressive Conservative caucus in the Senate would have been able to qualify for official status after the rest of that party merged into the Conservative Party except that the initial PC caucus in 2004 after the merger only had three members.[21]

Alberta

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In the general elections of 1997, 2001, and 2008, the Alberta New Democratic Party (NDP) failed to win the requisite four seats to gain official party status in the Legislative Assembly of Alberta. Nevertheless, the governing Progressive Conservatives (PCs) granted party status to the NDP after each election.

British Columbia

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After the 2001 general election, new B.C. Premier Gordon Campbell, leader of the British Columbia Liberal Party, was criticized for his decision not to grant official party status to the NDP. It was the only opposition party in the Legislative Assembly of British Columbia but it had won only two of 79 seats in the last election.

Since the 2013 election, the Green Party of British Columbia has held their first seat as their then-leader Andrew Weaver was elected in Oak Bay-Gordon Head district. After the 2017 election, Weaver was re-elected and they gained two more seats, thus overall had three seats when the minimum for official party status was four. However, after the party entered a confidence and supply agreement with the New Democratic Party to allow the NDP to form government, it was granted official party status with reduced funding.[22] The Legislative Assembly still recognized the Greens as an official party, after the agreement ended, retaining the threshold for official status at 2 seats.

New Brunswick

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In New Brunswick, parties require 5 seats or 20% of the popular vote to get official party status. However, parties with one to four seats have been allowed time in Question Period with consent of other parties. The Liberals won all 58 seats in the New Brunswick Legislative Assembly in 1987. The government allowed the Progressive Conservative Party, which won the second most votes collectively in the election, to submit written questions to ministers during Question Period.

Ontario

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Following the 1999 Ontario general election, the Ontario New Democratic Party fell to nine seats in the Ontario Legislative Assembly, down from 17 in 1995. The rules at the time of the election called for parties to hold 12 seats to maintain party status. Progressive Conservative Premier Mike Harris, citing the reduction in seats from 130 to 103 (-20.76%) between elections, subsequently lowered the required number of seats for official party status from 12 to 8 (33 1/3%). The mathematically corresponding cut would therefore have been from 12 seats to 9 seats (25%, slightly higher than the seat reduction) or 10 seats (16 2/3%, slightly lower). In the 2019 fall economic statement, Doug Ford's government changed the rules to 10% of the total number of seats in the Assembly, so it is currently set at 12.

In the 2003 election, the New Democrats won only seven seats in the Ontario Legislative Assembly. The new Liberal government refused to accord official party status to the NDP, with Premier Dalton McGuinty instead offering the NDP additional funding in return for accepting their status as independents; NDP leader Howard Hampton refused and disrupted the throne speech in protest.[23] MPP Marilyn Churley threatened to change her surname legally to "Churley-NDP" so that the Speaker would be forced to say NDP when recognizing her in the House (a non-official party loses the right to have its members addressed in the Legislature by party affiliation). The PCs' Bill Murdoch also considered joining the NDP caucus to help them make official status.[24] Andrea Horwath's by-election win in May 2004 regained official party status for the NDP.[25]

After Churley resigned to run in the 2006 federal election, bringing the party to only seven members again, the government decided to allow the NDP to retain official status pending the results of the by-election to replace her, which the NDP won.

In the 2018 Ontario general election, the Liberals dropped from a majority government of 55 seats to 7 seats, one seat fewer than official party status. (The legislature expanded to 124 members in this election.) The Green Party of Ontario also elected its first member, leader Mike Schreiner, at Guelph, in 2018 and similarly lacks official party status.

Quebec

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In 1989, the Equality Party won four seats in the National Assembly of Quebec (eight seats short of the total needed for official status). Although it did not receive official party status, its members were granted some of the privileges of an official party: their seats in the Assembly were placed together, as were their offices in the Parliament Building. They were also granted a limited number of opportunities to ask questions during Question Period, at the Speaker's discretion. The party had no success in subsequent elections, and stopped organizing after the 2003 election. This precedent was followed when Action démocratique du Québec (ADQ) elected four members in 2003 and seven members in 2008. However, when ADQ merged into the newly formed Coalition Avenir Québec (CAQ) and the seven former ADQ MNAs joined with two former Parti Québécois (PQ) members in January 2012 to form the CAQ caucus, the governing Liberals and opposition PQ refused to grant any status to the new party, requiring all nine members to sit as independents.

In the 2018 Quebec general election, the PQ, which was the outgoing Official Opposition party, fell from 28 to 10 seats (and below 20% of the popular vote), thus falling below the threshold of official party status.[26][27] Québec solidaire (QS) rose from 3 to 10 seats but did not reach the threshold of 12 to gain official party status. However, before the National Assembly convened, all political parties agreed to give the PQ and QS the status of official parties in the assembly.[28][29]

Registered party

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Official party status is not to be confused with being a registered party. A political party (even if it has no parliamentary seats) may register with Elections Canada or a provincial electoral authority. Doing so allows the political party to run candidates for office during elections, have their candidates' party affiliation identified on the ballot, issue tax receipts for donations, and spend money on advertising and campaigning during election campaigns. In return, the party must obey campaign spending and donation limits, disclose the source of large donations, and obey various election laws.[30]

See also

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References

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  1. ^ "Parliament of Canada - Parlement du Canada".
  2. ^ "Election 2021 | CTV News | Canada Election Coverage". www.ctvnews.ca.
  3. ^ Rules of the Senate, November 2017, Appendix I.
  4. ^ "Constitution Act, RSBC 1996, c 66". CanLII. Section 1. Retrieved March 8, 2024.
  5. ^ "Rules, Orders and Forms of Proceedings of the Legislative Assembly of Manitoba" (PDF). Legislative Assembly of Manitoba. September 28, 2022. p. 2. Retrieved March 8, 2024. 'a Recognized Opposition Party' means an opposition party represented in the Legislative Assembly by four or more Members;
  6. ^ New Brunswick, Legislative Assembly, Standing Rules of the Legislative Assembly of New Brunswick (17 June 1986) at s1 (definition of 'recognized party').
  7. ^ House of Assembly Act, RSNS 1989, c 1 (1992 Supp) s 2(1)(c).
  8. ^ Legislative Assembly Act, RSO 1990, c L10, s 62(5), http://canlii.ca/t/53hkk.
  9. ^ "An act to provide regulations enabling Canadian War Service electors to exercise their franchise, and Canadian prisoners of war to vote by proxy, at any general election held during the present war, also to provide amendments to The Dominion Elections Act, 1938, consequential to such regulations, or made necessary by the advent of said war". Acts of the Parliament of Canada (19th Parliament, 5th Session, Chapter 1-52), 1944-1945. Ottawa : Brown Chamberlin, Law Printer to the Queen's Most Excellent Majesty. 24 July 1944. p. 131. Retrieved 26 July 2020. The Chief Electoral Officer shall, whenever necessary for the purpose of these Regulations, appoint six scrutineers for duty in the office of each special returning officer. Two of such six scrutineers shall be nominated by the Leader of the Government, two by the Leader of the Opposition and two on the joint recommendation of the Leaders of political groups having a recognized membership in the House of Commons of eight or more.
  10. ^ a b "The Standing Committee on Rules, Procedures and the Rights of Parliament, 37th Parliament, 1st Session, Seventh Report". Senate of Canada. November 6, 2001. Retrieved 26 July 2020.
  11. ^ "An act to amend the Senate and House of Commons Act and the Members of Parliament Retiring Allowances Act". Acts of the Parliament of Canada (26th Parliament, 1st Session, Chapter 1-42). Ottawa : Queen's Printer. 1963. p. 136. Retrieved 26 July 2020. There shall be paid to each member of the House of Commons, other than the Prime Minister or the member occupying the recognized position of Leader of the Opposition in the House of Commons, who is the leader of a party that has a recognized membership of twelve or more persons in the House of Commons, an allowance at the rate of four thousand dollars per annum in addition to the sessional allowance payable to such member.
  12. ^ "House of Commons Procedure and Practice, Second Edition". Parliament of Canada. 2009. Parliamentary Institutions, Political Parties (Footnote 181). Retrieved 26 July 2020. In a ruling on the status in the House of the Progressive Conservative/Democratic Representative Coalition (PC/DR), Speaker Milliken listed the identifying features of a party or a recognized party: there are at least 12 Members in the group; they appoint a slate of House Officers as their official spokespersons; they work as a cohesive unit; and they serve under the same banner. However, this practice relates not to the recognition of groups but to that of parties. In this case, the PC/DR Coalition had 20 Members: there were 12 Members of the recognized Progressive Conservative Party and 8 independent Members who comprised the Democratic Representative Caucus. The Chair could not grant full party recognition to the PC/DR Coalition since he could not extend party recognition to a group which disavowed that title and which was clearly an amalgam of a party and a group of independent Members (Debates, September 24, 2001, pp. 5489–92).
  13. ^ "Board of Internal Economy, Members By-Law". Parliament of Canada. 2012. Parliamentary Institutions, Political Parties. Retrieved 29 April 2012.
  14. ^ "House of Commons Procedure and Practice, Second Edition". Parliament of Canada. 2009. Parliamentary Institutions, Political Parties. Retrieved 26 July 2020.
  15. ^ "Rules of the Senate, Appendix I: Terminology". Senate of Canada. Recognized party or recognized parliamentary group. Retrieved 26 July 2020. A recognized party in the Senate is composed of at least nine senators who are members of the same political party, which is registered under the Canada Elections Act, or has been registered under the Act within the past 15 years. A recognized parliamentary group in the Senate is one to which at least nine senators belong and which is formed for parliamentary purposes. A senator may belong to either one recognized party or one recognized parliamentary group. Each recognized party or recognized group has a leader or facilitator in the Senate.
  16. ^ "Debates of the Senate (Hansard): 1st Session, 42nd Parliament (Volume 150, Issue 120)". Senate of Canada. 11 May 2017. Rules, Procedures and the Rights of Parliament: Seventh Report of Committee Adopted. Retrieved 26 July 2020.
  17. ^ "Standing Committee on Rules, Procedures and the Rights of Parliament: Seventh Report, Amendments to the Rules — Recognized parties and recognized parliamentary groups". Senate of Canada. 9 May 2017. Retrieved 26 July 2020.
  18. ^ "Debates of the Senate (Hansard): 1st Session, 37th Parliament (Volume 139, Issue 122)". Senate of Canada. 11 June 2002. Rules, Procedures and the Rights of Parliament: Twelfth Report of Committee Adopted. Retrieved 26 July 2020.
  19. ^ "Standing Committee on Privileges, Standing Rules and Orders: Twelfth Report, Update to the Rules of the Senate regarding third parties". Senate of Canada. 26 March 2002. Retrieved 26 July 2020.
  20. ^ "Debates of the Senate (Hansard): 1st Session, 37th Parliament (Volume 139, Issue 72)". Rules, Procedures and the Rights of Parliament: Seventh Report of Committee—Debate Adjourned: Senate of Canada. 22 November 2001. Retrieved 27 July 2020. On the second question about the figure of five members, essentially, we followed the leadership of the House of Commons with respect to its ratio. Our report discusses how they came to the figure 12 as the official number for a party. Through serendipity, it turns out, as the report notes, there was a party with 12 elected members, and the other place accommodated that party with official status at that level. They are 301 members and we are 105. The wisdom of the committee was to take a proportional number — and that number is five — and to follow generally the practices of the other place on this particular subject.
  21. ^ "Standings in the Senate". Senate of Canada. 15 April 2004. Archived from the original on 23 April 2004. Retrieved 27 July 2020.
  22. ^ "B.C. Greens achieves party status, but it comes with less funding". 15 October 2017.
  23. ^ "Archived copy". Archived from the original on 2021-03-23. Retrieved 2008-12-27.{{cite web}}: CS1 maint: archived copy as title (link)
  24. ^ "Ontario MPPs play party games". CBC News. 10 November 2003. Archived from the original on 21 July 2012. Retrieved 27 December 2008.
  25. ^ "NDP Hamilton". www.halifaxlive.com.
  26. ^ "Electoral officer to investigate after recount flips Quebec riding from Liberal to PQ". The Globe and Mail. 11 October 2018.
  27. ^ "Recount gives Gaspé to PQ, sparking probe of Quebec election ballot count".
  28. ^ Presse Canadienne (November 22, 2018). "PQ and QS to get official party status in National Assembly". Montreal Gazette. Retrieved December 6, 2018.
  29. ^ "Parties reach agreement in principle to give PQ and QS official party status". CTV News Montreal. November 22, 2018. Retrieved December 6, 2018.
  30. ^ "Canada Elections Act, S.C. 2000, c. 9". 31 May 2000. Retrieved 4 Jul 2024. Registry of political parties. 394) The Chief Electoral Officer shall maintain a registry of political parties…
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