The process of a Canadian bill becoming a law is a complex one. It involves multiple stages and the participation of various entities, including the House of Commons, the Senate, and the Royal Assent. The bill must be introduced and pass through several readings in both the House of Commons and the Senate before receiving Royal Assent and becoming a law. This process ensures that proposed laws are thoroughly debated and reviewed before being enacted.
Characteristics | Values |
---|---|
Number of readings required | 3 |
Who introduces the bill? | Government Ministers or private Members |
Who can approve the bill? | The Governor General or her deputy |
Who can reject the bill? | The Governor General |
What are the two types of bills? | Public and private |
What are public bills? | Relates to public policy |
What are private bills? | Benefits a particular individual or group |
What You'll Learn
A bill is introduced in the House of Commons or the Senate
To become a law, a bill must first be introduced in either the Senate or the House of Commons. Most bills are introduced in the House of Commons. The bill must then pass through various stages in each House: first, second, and third reading. After passing through all the stages in the first House, it moves to the second House, where it must pass through the same stages.
The first step is the introduction of the bill to the House. The bill is then printed in its first reading form, often accompanied by explanatory notes. This is followed by the first reading of the bill, where its main principle and purpose are debated. If the bill passes this stage, it proceeds to the second reading. During the second reading, members debate and vote on the principle of the bill. At this stage, the House may decide to refer the bill to a legislative, standing, or special committee, or to a Committee of the Whole for further study.
If the bill passes the second reading, it moves on to the committee stage. Here, committee members examine the bill clause by clause and may propose amendments. The committee then presents its report to the House, recommending that the bill be accepted as is, with amendments, or that it not be proceeded with. The House considers any proposed amendments and votes for or against them.
After the committee stage, the bill is ready for its third reading. The House reviews the bill in its final form, including any amendments made, and orders the printing of the third reading bill. Once the bill passes the third reading in the first House, it moves to the second House, where it undergoes the same stages.
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The bill passes first, second and third readings in each House
For a bill to become a law in Canada, it must pass through several stages in each of the two Houses: the House of Commons and the Senate. The first House is always the House in which the bill was introduced. The bill must pass a first, second, and third reading in each House before receiving Royal Assent and becoming law.
During the first reading, the bill is introduced to the House and printed in its first reading form, often accompanied by explanatory notes. This is largely a formality. In the second reading, the main principle and purpose of the bill are debated, and if passed, the bill is referred to a committee for further study. The committee may make amendments to the bill, and the committee chairperson will present a report on the suggested changes.
The third reading takes place after the report stage debate, where members can propose further amendments to the bill. The House then reviews the bill in its final form and orders the printing of the third reading bill, which includes any amendments made. Once a bill has passed the third reading stage in the first House, it moves to the second House, where it must pass through the same stages.
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The bill is then debated and voted on
During the report stage debate, members can propose further amendments to the bill. The House then reviews the bill in its final form and orders the printing of the third reading of the bill, which includes any amendments made thus far. Members then debate the final form of the bill and vote on whether to pass it. If the bill passes the third reading in the first House, it will then move to the second House, where it must pass through the same stages.
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The bill is referred to a committee for further study
Once a bill has been introduced and passed in its first reading, it is then referred to a committee for further study. This is known as the "Committee Stage". The committee will study the bill clause by clause and may suggest amendments to the bill. The committee members are made up of members of parties represented in the legislature. They will discuss the bill and make recommendations for any changes.
The committee chairperson will then compile a report on the suggested changes, which will lead to further debate. During this stage, the committee can also summon witnesses and experts to provide additional information and help improve the bill. This process is an important part of the legislative process, as it allows for a more detailed examination of the bill and ensures that it is thoroughly vetted before proceeding to the next stage.
The committee's report will include any amendments proposed, and the House will then consider these amendments, voting for or against them. This is a crucial step, as any amendments made to the bill must be agreed upon by the first House; otherwise, the bill will not become law. The committee stage is, therefore, a critical step in shaping the final form of the bill.
In some instances, a bill may be referred to a committee even before receiving a second reading. This early referral allows for an even more thorough examination of the bill and can help ensure that it is well-vetted and has a strong chance of passing through the remaining stages of the legislative process.
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The bill is presented to the Governor General for Royal Assent
The final step in the process of a bill becoming a law in Canada is the Royal Assent. Once a bill has passed the third reading stage in both the House of Commons and the Senate, it is presented to the Governor General for Royal Assent. The Governor General may be defined as the Queen's representative in Canada. The Governor General has three options: they can assent to the Bill in the Queen's name, withhold assent, or reserve assent. If the bill is given Royal Assent, it becomes a law, or an Act of Parliament, and a Statute of Canada.
The Royal Assent is a formal ceremony that takes place in the Senate before an assembly of both houses. It can also be given by written declaration. The Royal Assent Act, S.C. 2002, c.15, s.5 states that:
> "Where royal assent is signified by written declaration, the Act is deemed to be assented to on the day on which the two Houses of Parliament have been notified of the declaration."
The date on which the Act comes into force may be the date of Royal Assent, or it may be another date specified in the Act. It can also be upon a "proclamation", which is a date to be determined by the Governor in Council (the Governor General, as advised by the Federal Cabinet). Different sections of an Act can come into force at different times.
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Frequently asked questions
A bill must be introduced in either the Senate or the House of Commons and pass through various stages in each House: first, second, and third reading. Then it must receive Royal Assent.
There are two kinds of bills: public and private. Public bills relate to public policy and may be sponsored by a Minister (Government bill) or by a private Member (Member's bill). Private bills benefit a particular individual or group.
First, a bill is introduced and its objective is explained, after which members vote. If the vote is in favour, the bill is given a number and scheduled for future debate. Next, the bill is debated, and members vote again to proceed to the next stage or for referral to a "Committee Stage" for further study. Members of parties represented in the legislature then discuss the bill and can make recommendations for amendments. The committee chairperson will then make a report of the suggested changes, leading to more debate. Finally, members debate the final form of the bill and vote on whether to pass it.
Royal Assent completes the enactment process. Bills may be given Royal Assent in two ways: by the Governor General or their deputy in a formal ceremony in the Senate, or by written declaration. When a bill receives Royal Assent, it becomes law and is given a chapter number for the Statutes of Canada.