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Legislative Function - Introduction

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History of the National Assembly
Composition of the Parliament of Quebec
Working of the National Assembly
Ministerial Responsability
Relationships Between the Legislative and the Executive

History of the National Assembly

The first legislative assembly of Quebec's history was elected in 1792. One year before, the Constitution Act, 1791, was passed by the British Parliament. The Constitution Act created two provinces in British North America, Upper Canada (today's Ontario) and Lower Canada (today's Quebec), and allowed both to elect a "House of Assembly" and to convene a "Legislative Council", who's members were to be appointed by the Governor.

Since it didn't held much powers, the executive power being held by a Governor and an Executive Council which were not responsible to the Parliament, the Legislative Assembly of Lower Canada passed in 1834 ninety two motions, the "Quatre-vingt-douze résolutions", including, among others, a demand to allow the Legislative Assembly to appoint the members of the Cabinet. The principle of ministerial responsability was already implemented in Britain and is now the norm in Quebec, Canada and most former dominions of the British Empire. However, in the 1830s, London rejected the "Quatre-vingt-douze résolutions", which caused the Patriots Rebellion of 1837-1838. Then, in 1840, Upper and Lower Canada were, after the Parliament of Westminster passed the Union Act, merged into a single colony: the province of Canada or United Canada.

In 1867, the British North America Act, 1867 (now known as the Constitution Act, 1867) created a new state the Dominion of Canada, made of four provinces, including Lower Canada, which then became known as "Quebec". The B.N.A. Act established a constitution based under the same principles as those of the Constitution of the United Kingdom (i.e. parliamentarism) ans shares the powers between a Federal Parliament and the provincial legislatures. Originally, the Parliament of Quebec was made of the Lieutenant Governor, a Legislative council and a Legislative Assembly. However, Quebec's parliamentary superstructure evolved in 1968, when the Legislative Council was abolished and the Legislative Assembly became the National Assembly.

Composition of the Parliament of Quebec

The Parliament of Quebec is made of the Lieutenant Governor and the National Assembly. Until 1968, it included also an upper house, the Legislative Council.

I- Lieutenant Governor

The Lieutenant Governor is one of the components of the Parliament, even if he doesn't take part to it's debatings. His role consists essentially to give his assent to bills, so they become acts. Theorically, the Lieutenant Governor can refuse to assent a bill, or can reserve a bill until the Governor General (on the advice of the federal Cabinet) gives his assent. Actually, the Lieutenant Governor gives his assent to every bill passed by the National Assembly, and most experts in constitutional law admit that the powers of disallowance and reservation are spent.

II- National Assembly

The National Assembly, which holds the legislative power, is made of 125 members representing as many constituencies (also called "districts" or "ridings"). It executes three functions. Firstly, as legislator, it promulgates standards having a compulsory character on the Quebec territory and in the fields of competence which recognizes by it the Canadian Constitution.

Secondly, the National Assembly exercises a control on executive power and the civil service. The period of questions of every session of the National Assembly constitutes the best known mode of   parliamentary control, although there are the other means of checking, notably in parliamentary committees.

Finally, the MNAs play a role of intermediary between the population and the government, that is a representative must represent his principals to the public administration, to make sure that his community receives its part of public programs. He is so for the listening of his citizens.

III- Legislative Council

As provided by the British North America Act, 1867, the Parliament of Quebec was made of two houses: the Legislative Assembly and the Legislative Council. At this time, Nova Scotia was the other province to have a bicameral parliament, and since the 1920s, Quebec was the only canadian province to work unter a bicameral parliamentary system. Unlike the Legislative Assembly, which included 65 elected members in 1867, the Legislative Council was made of 24members appointed for life by the Lieutenant Governor, on the recommendation of the Prime Minister. Each Councillor represented a territory known as, ironically, "electoral divisions".

Legally speaking, the Legislative Council had the same powers and prerogatives that the Legislative Assembly, except to present bills on financial matters. However, it could, legally speaking, adopt, amend, postpone or reject any bill passed by the Legislative Assembly. Finally, the Legislative Council could, still legally speaking, vote a non-confidence motion to the government and force  the Cabinet to resign.

Indeed, because of the fact that Members of the Legislative Council were not elected, unlike Members of the Legislative Assembly, the Legislative Council lacked the legitimacy to carry on its duties, and it quickly became a powerless and consultative Chamber. Thus, due to its lack of legitimacy and to the fact that it became "unuseful", the Legislative Council was abolished in 1968.

Working of the National Assembly

According to the British parliamentary tradition, the leader of the political party which elects the highest number of MNAs is sworn Prime Minister by the Lieutenant Governor and steers the government. Besides, the party which obtains the second place in term of seats forms the Official Opposition. Having been appointed, the Prime Minister chooses among the MNAs of his party the Ministers who will compose with him the Executive Council. He can however appoint somebody who is not member of the National Assembly, although this practice is rarely used. In such a case, the person should be elected as soon as possible in a by-election.

If a party takes more than 50 % of seats in the National Assembly during a general election, it forms a majority government. If no party manages to elect more than 50 % of the MNAs, the government is minority and has to make sure of the support of the majority of the members of the National Assembly to be able to steer. However, it is necessary to note that there has been, since 1867 , only a single minority government in Quebec.

Ministerial Responsability

As provided for by the principle of ministerial responsibility, a cabinet has to hold the confidence of the representatives of the people , from which it arises, if it wants to remain in office. It is by virtue of the same principle that a government gives daily an acount of its acts to the representatives. A government is considered to have lost the support of the Assembly following a non-confidence vote or when a bill with financial content, and particularly an Act on the budget, rejected by the representatives.

If the cabinet loses the support of the Assembly, the Prime Minister has to put back the dismissal of his government and, if there is impossibility for another party to obtain the support of a majority of the representatives, new general elections are held.

Relationships Between the Legislative and the Executive

The relationships between the legislative power and the executive power may be summarized as follows: «The Parliament passes bills and the Government applies acts.» In practice, the Government prepares and proposes almost all bills to the National Assembly.

The National Assembly studies them, adopts them or throws them back , besides watching the application of them and to exercise a control on the set of governmental activities. And so because of the control of the executive on the legislative menu and on its parliamentary majority, a government is rarely knocked down before the end of its mandate. On the other hand, means of checking allow to discuss publicly the governmental action and allows the population to judge the government itself and to express its satisfaction or its dissatisfaction, notably during general elections.

Sources

Bernard, André. 1996. La vie politique au Québec et au Canada. Sainte-Foy : Presses de l'Université du Québec.

Pageau, Gilles, et Jacques Laflamme. 1990. Le Système électoral québécois: Manuel des connaissances de base. Quatrième édition. Sainte-Foy: Le Directeur général des élections du Québec, 1999. Coll. Études électorales.

Thibault, Richard. 1993. Qu'est-ce que l'Assemblée nationale?. Édition mise à jour. Québec : Assemblée nationale du Québec, Direction générale de l'information, Direction des communications et de l'accueil.

Dernière mise à jour: 11 novembre 2004

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