Municipal Bills: Lawmaking Process Explained

In Canada, municipal bills are subject to a rigorous process before they become law. The City of Toronto, for example, requires that all powers be exercised by bylaw, with bylaws being the primary legislative instrument of municipalities in Ontario. This means that for a municipal bill to become law, it must go through several stages of reading and approval by the relevant legislative bodies. Understanding how a municipal bill becomes law is crucial for comprehending the legislative process and the functioning of local governments.

A bill is introduced in the Senate or House of Commons

In Canada, a bill must first be introduced in either the Senate or the House of Commons to become a law. This is the first step in the federal legislative process. Most public bills are introduced by Government Ministers and are given a number in the order they are presented. If they are introduced first in the Senate, they are numbered starting with S-1. Bills that are introduced in the House of Commons are numbered from C-1 to C-200.

Once a bill is introduced, it must go through several stages in each House: first, second, and third reading. During the first reading, the bill is printed and distributed. This is followed by a debate on the principle of the bill, where members of the House may discuss and vote on the bill. After the debate, the Speaker puts the question on the motion for the second reading. If the bill passes this stage, it can be ordered for a third reading by unanimous consent. Otherwise, it is referred to a legislative, standing, or special committee for further consideration.

During the committee stage, the bill is studied clause-by-clause, and witnesses and experts may be summoned to provide information and help improve the bill. The committee can also propose amendments to the bill. After the committee has completed its work, it reports the bill back to the House, indicating any proposed amendments. The House then considers and votes on the amendments.

After the bill has been amended, it is debated and voted on again before being sent to the other House (the Senate or the House of Commons, depending on where it was introduced) for its consideration. This is the final step before the bill can receive Royal Assent and become a law.

The bill undergoes three readings

In Canada, for a bill to become a law, it must undergo three readings. The first reading of a bill is when it is introduced in either the Senate or the House of Commons. The bill is then printed and distributed. Following this, there is a debate on the principle of the bill, where the Minister and each member can contribute. No amendments to the text of the bill are permitted at this stage.

After the debate, the Speaker puts forward the motion for the second reading. If the bill is given a second reading, it may be ordered for a third reading by unanimous consent. If not, it is referred to a Standing or Select Committee, or a Committee of the Whole House, as designated by the Minister.

The purpose of the Select or Standing Committee is to comment on, ask questions about, and/or propose amendments to the various sections of the bill. The Committee may invite individuals, groups, and Ministry officials to comment on the bill in writing or in person. The Committee may also travel to different locations within the province to gather comments. Each clause of the bill is then considered and may be amended or deleted. If any amendments are made, the bill is reprinted and reported back to the House.

The bill may then be ordered for a third reading by unanimous consent. If unanimous consent is not given, the bill is referred to the Committee of the Whole House for further consideration. The purpose of this committee is similar to that of the Select or Standing Committee, but individuals and groups cannot participate in the proceedings. Ministry officials may be present to provide advice to the Minister. As with the previous committee, each clause of the bill is considered and may be amended or deleted, and the bill is reprinted if any changes are made.

Once the Committee of the Whole House reports the bill back to the House, it is ordered for its third reading. The debate at this stage is more restricted and is limited to the contents of the bill. After the debate, the Speaker puts forward the motion for the third reading.

Amendments are proposed and voted on

Amendments are an essential part of the legislative process, allowing for further scrutiny and improvement of a bill before it becomes law. Once a bill has been introduced and undergone its first and second readings, it is referred to a committee for detailed consideration. At this stage, amendments can be proposed and voted on.

The committee reviewing the bill may invite individuals, groups, and ministry officials to comment on the bill in writing or in person. The committee may also travel to different locations within the province to gather a range of perspectives. Each clause of the bill is carefully examined, and changes may be proposed and accepted or rejected through a voting process. Amendments can be made to clarify, strengthen, or modify the bill's provisions, ensuring that the final law is effective, practical, and responsive to the needs of those it will affect.

After the committee has completed its review, the bill is reported back to the House. If amendments have been made, the bill is reprinted with the changes incorporated. At this stage, the bill may proceed to the third reading with unanimous consent. However, if unanimous consent is not given, the bill is referred to the Committee of the Whole House for further consideration.

The Committee of the Whole House also has the power to propose and vote on amendments to the bill. This committee is composed of members of the legislative body, and individuals and groups cannot participate in the proceedings. Ministry officials may be present to advise the minister. Each clause of the bill is scrutinised once more, and amendments may be made or clauses deleted. If amendments are made, the bill is reprinted again.

The process of proposing and voting on amendments ensures that legislation is thoroughly reviewed and refined before becoming law. It allows for input from various stakeholders and experts, helping to create more robust and effective laws.

The bill is sent for Royal Assent

Once a bill has been passed in identical form by both the Senate and the House of Commons, it is sent for Royal Assent. Royal Assent is the final step required for a bill to become law. It is the formal approval of a bill by a monarch or their official representative. In Canada, this is the Governor General or one of their deputies, and in the UK, this is the Queen.

Royal Assent is typically associated with an elaborate ceremony. In the UK, the Sovereign may appear in person in the House of Lords or appoint Lords Commissioners to announce that Royal Assent has been granted at a ceremony at Westminster. In Canada, the Governor General may give assent in person at a ceremony in the Senate or by a written declaration. In both the UK and Canada, Royal Assent may also be granted by letters patent.

During the Royal Assent ceremony in Canada, the Speaker announces that a communication has been received from the Secretary to the Governor General. The sitting of the Senate is then suspended before the Governor General's arrival. The Speaker leaves the chair and the mace is taken off the table. After the Governor General's procession enters the Senate Chamber, the Speaker commands the Usher of the Black Rod to proceed to the House of Commons and inform the members that they are to attend the Governor General immediately in the Senate Chamber. The Usher of the Black Rod delivers the message and returns to the Senate in procession with the Sergeant-at-Arms carrying the mace, the Speaker of the House of Commons, the clerks at the table, and the members of the House of Commons. Upon arriving at the Senate, all members of the procession, except the Usher of the Black Rod, stop at the bar of the Senate. All bills, except appropriation bills, are then presented to the Governor General for assent. The Governor General signifies assent by a nod of the head, and assent is announced by the Clerk of the Parliaments. If there are any supply bills to receive assent, the Speaker of the House of Commons addresses the Governor General and reads the titles of these bills. The Governor General again signifies assent by a nod, and assent is announced. Once the Governor General has signified assent to the bills, the Speaker and members of the House of Commons withdraw from the Senate Chamber, and the sitting of the Senate resumes.

In the UK, when Royal Assent is given, an announcement is made in both Houses – by the Lord Speaker in the Lords and the Speaker in the Commons. At prorogation, Black Rod interrupts the proceedings of the Commons and summons MPs to the Lords chamber to hear the Lords Commissioners announce Royal Assent for the bills passed towards the end of the session that had not received Royal Assent earlier in the year.

The bill becomes law

The bill is now ready to be introduced in Parliament. It is presented to either the Senate or the House of Commons for its first reading. At this stage, the bill is printed and distributed. Following the first reading, there is a debate on the principle of the bill, where members discuss and vote on the bill's main idea. After the debate, the Speaker puts forward the motion for a second reading.

If the bill passes the second reading, it may be ordered for a third reading by unanimous consent. If not, it is referred to a Standing or Select Committee or a Committee of the Whole House, as designated by the Minister. The committee stage involves commenting on, asking questions about, and proposing amendments to the bill's various sections. The committee may invite individuals, groups, and officials to comment on the bill in writing or in person. They may also travel to different locations to gather comments. Each clause of the bill is considered, and amendments or deletions may be made. If amendments are made, the bill is reprinted and reported back to the House.

The bill may then be ordered for a third reading by unanimous consent. Otherwise, it is referred to the Committee of the Whole House for further consideration. The Committee of the Whole House stage is similar to the Select or Standing Committee stage, but individuals and groups cannot participate in the proceedings. Each clause of the bill is considered, and amendments or deletions may be proposed. If amendments are made, the bill is reprinted. When the Committee of the Whole House concludes, the bill is ordered for its third reading.

The third reading involves a more restricted debate, focusing only on the bill's contents. After the debate, the Speaker puts forward the motion for the third reading. Following this, the bill is presented to the Lieutenant Governor or Governor General, depending on the jurisdiction, for assent. The Lieutenant Governor or Governor General has the power to assent to the bill in the Queen's name, withhold assent, or reserve assent.

Once the bill receives Royal Assent, it becomes law and is given a statute number. The statute comes into force upon Royal Assent or when proclaimed by the Lieutenant Governor or Governor General, or on a day specified in the act. It is important to note that different sections of the bill may come into force at different times.

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