Canada's Lawmaking Process: From Bill To Law

In Canada, a bill must go through several stages before it becomes a law. The process involves all three parts of Parliament: the House of Commons, the Senate, and the Monarch, who is represented by the Governor General. First, a bill is introduced in either the Senate or the House of Commons by a parliamentarian. This is followed by the first reading, where the bill is made available for review. During the second reading, parliamentarians debate the principle of the bill and vote on whether it should be studied further. If the bill passes, it is sent to a committee for in-depth study and possible amendments. After the committee stage, the bill goes back to the chamber for the report stage, where parliamentarians can suggest additional changes. This is followed by the third reading, where the final form of the bill is debated and voted on. If the bill passes, it is sent to the other chamber, where it goes through the same process. Once the bill has been passed by both chambers in identical form, it goes to the Governor General for Royal Assent and becomes Canadian law.

The legislative process

A bill is a proposed law that is introduced in either the House of Commons or the Senate. Most bills are introduced in the House of Commons and are called public bills or government bills. They deal with matters of national interest and may be sponsored by a Minister. Bills can also be introduced by a private member, in which case they are called private member's bills or private bills. Private bills grant special powers or benefits to a specific person or group.

First Reading: Introducing the Bill

The first reading is the initial step in a bill's progress through Parliament. The parliamentarian proposing the bill will introduce it in their chamber. Although called a first reading, the bill is not read aloud but is made available for parliamentarians and Canadians to read and examine.

Second Reading: Debating the Idea

During the second reading, parliamentarians debate the main idea of the bill, examining its strengths and weaknesses and discussing its potential impact on different groups. This gives everyone a chance to listen to different perspectives and opinions. After the debate, parliamentarians vote on whether the bill will continue through the process. If the vote supports the bill, it is sent to a committee for a closer look.

Committee Stage: Discussion and Hearing Witnesses

At the committee stage, the bill is studied in detail by a smaller group of parliamentarians, called a parliamentary committee. The committee holds hearings where interested individuals and representatives from organizations can comment on the bill. The committee can also invite government officials and experts to answer questions. Committees examine bills clause by clause and can suggest amendments. The clauses and amendments are then voted on. Once this process is complete, the chairperson of the committee submits a report back to the chamber.

Report Stage: Back to the Chamber

At the report stage, the bill is returned to the chamber where it was introduced and debated again, including any changes proposed by the committee. Parliamentarians can suggest additional amendments at this time, which may be debated. Once they have voted on the amendments, the bill is finalized and ready for the third reading.

Third Reading: Final Debate and Vote

During the third reading, parliamentarians debate the final form of the bill and vote to decide if it should be sent to the other chamber. In the Senate, amendments may be made. Parliamentarians can choose to stop supporting a bill at any phase of the legislative process. If the bill is passed by a majority of parliamentarians at the third reading in the chamber where it was introduced, it is then sent to the other chamber.

Sent to the Other Chamber

When a bill is sent from one chamber to the other, it is read again for the first time and goes through the same steps. If the reviewing chamber makes any changes, the bill is sent back to the initial chamber for further review. Messages may go back and forth between the chambers as amendments are debated. Most amendments are intended to clarify, simplify, or improve a bill.

Royal Assent: Becoming a Law

In Canada's constitutional monarchy, bills require the assent of the Monarch to become a law. Once both the Senate and the House of Commons have passed a bill in identical form, in both official languages, the bill is given to the Governor General for Royal Assent. Royal Assent may be granted by a nod of the head in a traditional Royal Assent ceremony in the Senate Chamber or by the Governor General signing the bill. Once the bill receives Royal Assent, it officially becomes a law.

First reading

The first reading of a bill is the initial step in its progress through Parliament. The parliamentarian proposing the bill will introduce it in their chamber. Although this step is called the first reading, the bill is not actually read aloud in the chamber—it is made available for parliamentarians and Canadians to read and examine. A member normally provides a brief summary of the bill they are introducing. A minister rarely provides an explanation when requesting leave to introduce a bill, but on occasion, this is done under Statements by Ministers during Routine Proceedings.

If it is a private member's bill, the sponsor may provide a brief explanation. The sponsor of a private member's bill is typically a member of Parliament, and the bill is drafted on their behalf by a legislative counsel employed by the House.

After the first reading, the bill moves to the second reading stage of the legislative process, which provides an opportunity to participate in a debate on the general scope and principle of the bill. The text of the bill may not be amended during the debate at this stage. However, the motion for the second reading may be amended.

Second reading

The second reading is the stage of the legislative process where members of parliament debate the general scope and principle of the bill. They examine its strengths and weaknesses and discuss how it might affect different groups of people. This gives parliamentarians (and other Canadians) a chance to listen to different perspectives and opinions on the bill.

During the second reading, the text of the bill may not be amended. However, the motion for the second reading may be amended. There are three types of amendments that are permitted:

• A three-month or six-month hoist, which seeks to postpone the consideration of the bill for three or six months. If adopted, this is equivalent to defeating the bill by postponing its consideration and removing it from the Order Paper.
• A reasoned amendment, which requests that the House does not give a second reading to a bill for a specific reason.
• A motion to refer the subject matter of the bill to a committee.

If a bill is passed at the second reading stage, it is then referred to a committee for further scrutiny and possible amendments. If it does not pass, it is defeated and removed from the Order Paper.

Committee stage

The committee stage is a crucial part of the legislative process in Canada, where a bill undergoes scrutiny and detailed examination. This stage involves a smaller group of parliamentarians, known as a parliamentary committee, who dedicate themselves to studying the bill and its potential impact. The committee members meticulously review the bill clause by clause, examining each section independently. This granular approach allows for a comprehensive understanding of the bill and facilitates informed decision-making.

During the committee stage, the committee has the authority to invite witnesses and experts to provide valuable insights and contribute to improving the bill. This process of engaging with interested individuals and representatives from organisations ensures that the bill is thoroughly vetted and that diverse perspectives are considered. The committee may also summon government officials to answer questions, shedding light on the practical implications of the proposed legislation.

The committee stage serves as a platform for proposing amendments to the bill. Once the committee has completed its clause-by-clause study and considered any potential changes, they vote on each clause, adopting them with or without amendments. This process ensures that the bill is shaped by the input of subject-matter experts and stakeholders. After all the clauses have been addressed, the committee proceeds to vote on the bill in its entirety, signalling their approval or disapproval.

The committee's role extends beyond just reviewing the text of the bill. They are responsible for generating a report that encapsulates their findings and recommendations. This report is then submitted back to the chamber, providing a comprehensive overview of the committee's work. The report stage allows for further amendments to be proposed by parliamentarians, ensuring that the bill remains dynamic and responsive to the input received during the committee stage.

The committee stage is a critical juncture in the legislative journey of a bill, where it undergoes rigorous examination, amendment, and refinement. It serves as a checkpoint to ensure that the bill is well-conceived and aligns with the needs and perspectives of Canadians. This stage is integral to the democratic process, fostering transparency and enabling meaningful contributions from those who will be impacted by the proposed legislation.

Royal Assent

The Royal Assent ceremony is one of the oldest parliamentary proceedings and brings together all three constituent parts of Parliament: the Crown, the Senate, and the House of Commons. The ceremony takes place in the Senate, as the monarch is traditionally barred from the House of Commons. On the day of the event, the Speaker of the Senate reads a notice indicating when the Governor General or their deputy will arrive. The Senate cannot adjourn until after the ceremony. The Speaker moves to sit beside the throne, and the Governor General enters and takes the Speaker's chair. The Usher of the Black Rod then summons the members of Parliament, who follow back to the Senate, with the Sergeant-at-Arms carrying the mace of the House of Commons. In the Senate, those from the Commons stand behind the bar, while the Usher of the Black Rod stands next to the Governor General. The Governor General then nods their head to signify Royal Assent to the presented bills (excluding supply bills). Once the list of bills is complete, the Clerk of the Senate states: "In His [or Her] Majesty's name, His [or Her] Excellency the Governor General [or the deputy] doth assent to these bills."

If there are any supply bills to receive Royal Assent, the Speaker of the House of Commons will read their titles, and the Senate Clerk repeats them to the Governor General, who nods their head to communicate Royal Assent. When all bills have been assented to, the Clerk of the Senate recites: "In His [or Her] Majesty's name, His [or Her] Excellency the Governor General [or the deputy] thanks His [or Her] loyal subjects, accepts their benevolence, and assents to these bills." The Governor General or their deputy then departs Parliament.

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