Bill To Law: Manitoba's Legislative Process

In Canada, the process of a bill becoming a law differs across provinces and territories. In Manitoba, the Legislative Assembly is responsible for enacting laws. A bill, or proposed law, must be introduced and accepted during its first reading. Following this, the bill undergoes a second reading, during which it is debated and either accepted or rejected. If the bill passes this stage, it is referred to a Standing or Special Committee, or a Committee of the Whole House, where the public can provide input. After this, the bill is considered by the Assembly, which may propose further amendments. Finally, the bill undergoes a third reading, after which it must receive Royal Assent from the Lieutenant Governor to become law.

Introduction and first reading

The process of a bill becoming a law in Manitoba involves several stages, the first of which is the introduction and first reading. This stage is crucial as it sets the foundation for the bill's progression through the legislative process. Here's a detailed overview of the introduction and first reading stage:

Initiation of the Bill

The journey of a bill begins with its initiation by a Sponsor, who is an MLA (Member of the Legislative Assembly). The Sponsor proposes the bill, which is a draft proposal for a new law or a change to an existing law. The Sponsor moves a motion for the bill to be introduced and read for the first time in the House, marking the official start of its legislative journey.

Explanation of the Bill's Purpose

During the introduction, the Sponsor may provide a brief explanation of the bill's purpose. This explanation serves to inform the other members of the Legislative Assembly about the intent and scope of the proposed legislation. It is important to note that the motion for introduction and first reading is not open for debate among the members.

Distribution of Notice

Before the introduction day, a notice of the bill's intended introduction must be included in the Notice Paper. This notice serves to inform all members of the Legislative Assembly about the upcoming bill and provides them with an opportunity to prepare for the first reading.

First Reading

In the first reading, the bill is formally presented and read for the first time in the Legislative Assembly. At this stage, the bill is distributed to the members, and they have the opportunity to review its contents. The first reading is a procedural step that officially places the bill on the agenda of the legislature.

Minister's Statement

Following the first reading, the Minister responsible for the bill may make a statement or provide further explanations about its purposes. This statement is an opportunity for the Minister to elaborate on the bill's objectives, the reasons behind its introduction, and any relevant background information.

Distribution of Background Information

To facilitate a comprehensive understanding of the bill, a compendium of background information is supplied to the Opposition critics. This information package provides additional context, data, and analysis to support the bill's proposal.

Printing and Distribution of the Bill

After the first reading, the bill is printed and distributed to all members of the Legislative Assembly. This distribution ensures that every member has access to the exact text of the proposed legislation.

Debate on the Principle of the Bill

During the introduction and first reading stage, there is a debate on the principle of the bill. This involves discussions between the Minister and each member of the Legislative Assembly. The debate focuses on the underlying principles, objectives, and potential impact of the proposed legislation. However, it is important to note that no amendments to the text of the bill are permitted at this early stage.

The introduction and first reading stage of a bill in Manitoba is a crucial step in the legislative process. It involves the initiation of the bill by an MLA Sponsor, the distribution of notices and the bill itself, and debates on its underlying principles. This stage sets the foundation for the bill's progression through the subsequent stages of the legislative process in Manitoba.

Second reading

The second reading of a bill in Manitoba is a crucial stage in the legislative process, as it involves a thorough debate on the principles and merits of the proposed legislation. During this stage, the bill is scrutinised and discussed in detail, allowing members of the Legislative Assembly to voice their support or opposition to the bill's underlying principles.

The second reading of a bill in Manitoba typically begins with a motion presented by the Sponsor of the bill, who is an MLA. This motion is not open to debate, however, the MLA may provide a brief explanation of the bill's purpose. Following this, a question period is held, where members can seek clarification or raise concerns about the bill. It is worth noting that the second reading stage is the most important part of the legislative process, as the adoption of a second reading motion signifies that the Legislative Assembly approves the fundamental concept of the bill.

During the second reading, members can also move motions to present a reasoned amendment or a six-month hoist motion. A reasoned amendment is a proposal to change or modify the bill, providing specific reasons or arguments for the suggested changes. On the other hand, a six-month hoist motion is a procedural tactic to delay the bill's progress, often used when more time is needed to consider the implications of the proposed legislation.

After the second reading, the bill is typically referred to a Standing or Special Committee, or a Committee of the Whole House. This stage is significant as it allows for public participation in the law-making process. Members of the public can present oral and written submissions regarding the bill, ensuring that their voices are heard and considered by the committee. The committee then engages in a detailed clause-by-clause examination of the bill, where amendments can be proposed and discussed. This collaborative process helps refine and improve the bill, ensuring that it reflects the input of various stakeholders.

The second reading stage is a critical juncture in the legislative journey of a bill, where robust debate and deliberation occur. It provides an opportunity for members to thoroughly examine the bill, seek clarifications, and propose amendments. By involving the public and allowing for diverse perspectives, the second reading contributes to the democratic process and helps shape the final version of the legislation.

Committee stage

Once a bill has passed the second reading stage, it is referred to a Standing or Special Committee. This committee is comprised of members selected from both sides of the House. The government house leader usually decides which committee will examine a bill, often after consultation with opposition house leaders.

The committee stage is important because it allows the public to have direct input into the law-making process. Members of the public may present oral and written submissions concerning proposed bills. After the public has been heard, the sponsor of the bill and the opposition critics may make opening statements.

The committee then proceeds to a clause-by-clause consideration of the bill. At this time, amendments may be proposed and considered. The committee may also summon witnesses and experts to provide information and help improve the bill.

After the committee has finished its work, it reports the bill back to the House, clearly indicating any proposed amendments. The House then considers these amendments and votes on them.

Concurrence and third reading

The sponsor of the bill (an MLA) moves that the bill "be now concurred in and read a third time and passed". At this stage, the bill is debatable, and amendments may be proposed to apply a 6-month hoist, present a reasoned amendment, or refer the bill back to the committee. Typically, debates are brief, partly because most concurrence and third reading motions are moved in the final days of the session. The adoption of a concurrence and third reading motion signals the passage of a bill.

After the third reading, the bill is sent to the Lieutenant Governor for Royal Assent. In the Lieutenant Governor's absence, the Administrator of the Province (The Chief Justice of the Court of Appeal, or another Judge of that Court) performs this task. The ceremony is brief and takes place in the Assembly Chamber. The Speaker reads the address to the Lieutenant Governor, and a Table Officer reads the titles of the bills in English and French. The Clerk then announces that the Lieutenant Governor has granted Royal Assent.

Although a bill receives Royal Assent, it does not come into effect immediately. It may come into effect on the date of Royal Assent, 60 days after the ceremony, on a specific date named in the bill, or on a date set by the Lieutenant Governor in Council as set out in the coming into force provision of the bill. The ceremony may occur several times during a session, with the last time being immediately before the end of the session.

Royal Assent

In Manitoba, a Bill that has passed all the stages in the House must receive Royal Assent from the Lieutenant Governor for it to become law. In the Lieutenant Governor's absence, the Administrator of the Province (typically the Chief Justice of the Court of Appeal, or another Judge of that Court) performs this task. The Royal Assent ceremony is brief and takes place in the Assembly Chamber. During the ceremony, the Speaker reads the address to the Lieutenant Governor, and a Table Officer reads the titles of the Bills in English and French. The Clerk then announces that the Lieutenant Governor has granted Royal Assent.

Although a Bill receives Royal Assent, it does not come into effect immediately. The timing of its coming into force depends on the legislation. It may come into effect on the date of Royal Assent, 60 days after the ceremony, on a specific date named in the Bill, or on a date to be set by order of the Lieutenant Governor in Council as set out in the coming into force provision of the Bill. Different sections of the Bill may also come into force at different times.

The Royal Assent ceremony may occur several times during a session, with the last time being immediately before the end of the session.

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