Anaya Nolan
In Canada, a bill must go through several stages of reading, review, and voting in both the House of Commons and the Senate to become a law. The bill is first introduced in either the Senate or the House of Commons, where it is read for the first time and debated. If passed, it moves to the second stage, where it is referred to a committee for further study and potential amendments. The bill then returns to the House for a second reading and more debates, after which it is voted on and sent to the other chamber for review. If amendments are made, the bill goes back to the initial chamber for further review. Once both chambers have passed the bill in identical form, it is given to the Governor General for Royal Assent, at which point it becomes a law.
| Characteristics | Values |
|---|---|
| Where do most bills begin? | House of Commons |
| Where are the bills sent for review? | Senate |
| Where are bills involving taxation or public funds introduced? | House of Commons |
| Who grants Royal Assent? | Governor General |
| Who consents to the enactment of the bills? | Governor General |
| What happens when a bill is granted Royal Assent? | It becomes a law |
| What happens when a bill is passed by the first House? | It goes to the second House |
| What happens when the Senate adopts a bill without amendment? | A message is sent to the House of Commons and the bill receives Royal Assent |
| What happens when a bill is read 3 times in the House? | It is sent to the Senate for consideration |
| What is the nickname given to the Senate? | House of sober second thought |
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What You'll Learn
How a bill is introduced
A bill can be introduced in either the Senate or the House of Commons. Bills are first read in the Senate or the House of Commons by a parliamentarian, that is, a senator or a member of Parliament. Bills can come from the government or from parliamentarians not acting on behalf of the government.
Bills introduced in the Senate are identified with the letter "S" and a number, such as Bill S-4. Those introduced in the House of Commons are assigned the letter "C" and a number, like Bill C-78. All bills are numbered chronologically within each session of Parliament, and the numbering usually reflects the order in which they were introduced. For instance, Bill S-3, which proposed changes to the Indian Act, was introduced in the Senate, while Bill C-45, the government's proposal to legalise recreational cannabis, originated in the House of Commons.
The first reading is the stage at which a bill is introduced, and if the bill starts in the Senate, senators see it for the first time. Senators learn what issues the bill addresses, but they do not debate its merits yet. The purpose of the introduction and first reading is to give senators the opportunity to familiarise themselves with the content of the proposed legislation before any debate takes place. Upon introduction, the bill is immediately read for the first time, and this formally puts the bill before the Senate. It is at this moment that the bill receives a number and becomes publicly available.
During the first reading, the senator introducing the bill (the sponsor) will say: "Honourable senators, I have the honour to introduce a bill intituled [long title of bill]." A clerk at the table will then announce that the bill has been read for the first time.
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The process of debate and review
Following the committee stage, the bill returns to the House for a second reading and further debate. Members may propose additional amendments at this stage. The bill is then ordered to be printed for its third reading. The third reading stage involves a debate on the final version of the bill, followed by a vote. If the bill passes this stage, it is sent to the second House (the Senate or House of Commons, whichever was not the first House) where it must pass through the same stages. The second House may amend, delay, or refuse to pass the bill. Any amendments made by the second House must be agreed to by the first House for the bill to become law.
During the review and debate process, senators and members of Parliament follow an established set of rules and traditions. While the Senate is known as the "house of sober second thought", senators do more than just scrutinize legislation passed by the House of Commons. They also initiate legislation, with almost the same power to propose new laws as members of the House of Commons.
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Amendments and assent
Amendments
A bill is a proposed law that becomes an act of Parliament if adopted in identical form by both the Senate and the House of Commons. The Senate may amend, delay, or refuse to pass bills, although traditionally, most bills are passed. Amendments are proposed during the report stage, after the second reading. Senators debate the objective of the bill without making any amendments or changes to the text. If the bill passes the second reading, it is sent to a committee to be studied in depth and may suggest changes. The committee may propose amendments or suggest that the bill should not be further studied. If amendments are proposed, all senators will consider the committee's recommendations during the report stage.
If the Senate adopts a Commons bill with amendments, it must send the bill back to the House of Commons with the amendments to be considered. If the House does not agree with the Senate's amendments, it adopts a motion stating its reasons for disagreement, which it communicates to the Senate. If the Senate wishes for the amendments to stand, it sends a message back to the House, which then accepts or rejects the proposed changes. If an agreement cannot be reached, the House in possession of the bill may request a conference, although this practice is rarely used.
Assent
Once a bill has been passed in identical form by both the Senate and the House of Commons, it receives Royal Assent from the Governor General and becomes law. Royal Assent is the final stage of the legislative process and signifies the Sovereign's acceptance of a bill. It is granted by the Governor General or their deputy (a Justice of the Supreme Court or a senior official such as the Secretary to the General Governor) and has never been refused to a federal bill in Canada. Royal Assent may be given in one of two ways: through a traditional ceremony in the Senate Chamber or by written declaration. During the ceremony, the Governor General may signify assent by a nod of their head, or by signing the bill. If Royal Assent is given by written declaration, it is not deemed to have been given until both the Senate and the House of Commons have been informed. Once Royal Assent is granted, a bill becomes law and comes into force on that day, unless the act provides otherwise.
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Royal Assent
Historically, Royal Assent could only be granted through a formal ceremony in the Senate Chamber. This ceremony occurs twice a year and involves the participation of the three components of Parliament: the Sovereign, the Senate, and the House of Commons. The Speaker of the Senate announces the impending Royal Assent, after which the sitting of the Senate is briefly suspended. The Speaker vacates the chair, and the mace, a symbol of royal authority, is removed from the table. The Governor General, or one of their deputies, enters the chamber and signifies assent by a nod of the head for each bill, with the Clerk of the Parliaments announcing assent. If there are supply bills, the Speaker of the House of Commons addresses the Governor General, reading the titles of these bills, after which the Speaker and members of the House of Commons withdraw. The Governor General then departs, and the Senate resumes its sitting.
Since 2002, however, Royal Assent can also be granted by written declaration, as outlined in the Royal Assent Act. This method allows for greater flexibility and efficiency in the legislative process. When Royal Assent is given through a written declaration, the Act is considered assented to on the day both Houses of Parliament are notified. This declaration can be witnessed by members from each House of Parliament, and each House is notified by their respective Speaker or the person acting in that role.
While Royal Assent signifies the approval of a bill, it is important to note that the act may come into force on the day of Royal Assent or on a specific day mentioned in the bill's provisions. The granting of Royal Assent, whether through the traditional ceremony or written declaration, is ultimately decided by the government based on the urgency of the bill.
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The bill becomes law
Once a bill has been read three times in the first House, it is sent to the second House where it must pass through the same stages. The Senate may amend, delay or refuse to pass bills, although traditionally the Senate passes most bills. Any amendments made by the second House must be agreed to by the first House, or the bill will not become law.
After a bill is passed by both the Senate and the House of Commons, the Governor General grants Royal Assent, and the bill becomes a law. 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 a bill has been granted Royal Assent, it becomes law and comes into force on that day, unless the act provides otherwise.
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.
Different sections of an act can come into force on different days. An exact date may be specified, or a "commencement" section may state that the Act, or certain sections of the Act, will come into force "by order of the Governor in Council".
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Frequently asked questions
The first step is the introduction of the bill, which can be done in either the Senate or the House of Commons.
The second step is the first reading of the bill, where it is printed and a brief explanation or summary may be provided without debate.
The third step is the second reading and committee referral, where members debate the bill's principles, and it is then referred to a committee for further study.
The fourth step is the committee stage, where the committee studies the bill and invites witnesses, conducts a clause-by-clause review, and proposes amendments, reporting the bill back to the House.
The final step is receiving Royal Assent, which is granted by the Governor General or the Queen, and the bill officially becomes a law.
