Kara Sears
Canada's legislative process involves all three parts of Parliament: the House of Commons, the Senate, and the Monarch (represented by the Governor General). To become law, a bill must be approved in identical form by both houses of Parliament – the Senate and the House of Commons. A bill is a proposed law that is introduced in either the House of Commons or the Senate and must pass through various stages in both chambers to become law. Once a bill has passed the third reading stage in the first House, it goes to the second House, where it must pass through the same stages. Once both houses have passed a bill in identical form, it is given to the Governor General for Royal Assent, which completes the legislative process. Once Royal Assent is granted, a bill becomes law and comes into force either on that date or a specified date.
| Characteristics | Values |
|---|---|
| What is legislation? | A written law that provides rules of conduct. |
| Who approves legislation? | Parliament. |
| What is the proposed legislation introduced as? | A bill. |
| What does the bill do? | Provides a basis to amend or repeal existing laws or put new ones in place. |
| Who is involved in the legislative process? | The House of Commons, the Senate, and the Monarch (represented by the Governor General). |
| Who develops the proposed policy? | The Government. |
| Who approves the proposed policy? | Cabinet. |
| What is a bill? | A text of a legislative initiative that the Government submits to Parliament to be approved and possibly amended. |
| What is the process for a bill to become a law? | The bill must be introduced in either the Senate or the House of Commons, pass through various stages in each House (first, second, and third reading), and receive Royal Assent. |
| Who introduces most public bills? | Government Ministers. |
| What are the two types of public bills? | Government bills and private member's bills. |
| What is the role of the Senate? | The Senate may amend, delay, or refuse to pass bills, but traditionally, they pass most bills. |
| What is the role of the House of Commons? | The House of Commons debates, reviews, and votes on proposed legislation. |
| What is Royal Assent? | Royal Assent is granted by the Governor General, completing the legislative process and turning the bill into law. |
| What happens after Royal Assent? | The law comes into force either immediately or on a specified date. |
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What You'll Learn
How a bill becomes law
In Canada, a bill must go through several stages before it becomes a law. Firstly, a proposed policy is developed by the Government and presented to Cabinet for approval to draft a new bill. A bill is a legislative initiative that the Government submits to Parliament for approval and possible amendment.
The bill is then introduced in either the Senate or the House of Commons, where it must pass through various stages in each House: first, second, and third reading. The bill is printed in its first reading form, often with explanatory notes, and the main principle and purpose of the bill are debated. If passed, the bill is referred to a committee for further study and potential amendments. The committee presents its report, indicating any proposed amendments, and the House considers and votes on these amendments. Once the bill has been read three times in the House, it is sent to the other chamber for review.
If the bill is passed by a majority of parliamentarians in the second chamber, it is sent back to the initial chamber for further review if any amendments have been made. Messages may go back and forth between the chambers as amendments are debated. Once both the Senate and the House of Commons have passed the bill in identical form, in both official languages, it is given to the Governor General for Royal Assent. The Governor General may assent to the bill in the Queen's name, withhold assent, or reserve assent. Royal Assent completes the enactment process, and once it is granted, the bill becomes law and comes into force on that day or a specified date.
The law is then published in the Canada Gazette, the official newspaper of the Government of Canada, and comes into force on the day or days set by the Governor in Council.
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The role of the House of Commons
The House of Commons is the elected, lower chamber of Canada's Parliament. It plays a crucial role in the legislative process, working alongside the Senate (the appointed, upper chamber) and the Monarch (represented by the Governor General) to create new laws.
Most bills are first introduced in the House of Commons, although they may also be introduced in the Senate first. Bills involving taxation or public funds must originate in the House of Commons and receive government approval. Once introduced, a bill must pass through various stages in the House of Commons, including first, second, and third readings. During the first reading, the main principle and purpose of the bill are debated. If it passes, the bill is then referred to a committee for further study and potential amendments. After the committee stage, the bill undergoes a second reading, where members debate and vote on the principle of the bill. Following this, the bill is considered by the appropriate parliamentary committee, which may summon witnesses and experts to provide information and help improve the bill. The committee then reports back to the House, indicating any proposed amendments. The House considers these amendments and votes for or against them, leading to a final debate and vote on the amended bill.
Once a bill has passed its third reading in the House of Commons, it is sent to the Senate for review and must pass through the same stages. If the Senate proposes amendments, both houses must agree on the same version before the bill can receive Royal Assent.
The House of Commons plays a vital role in scrutinizing and shaping legislation before it becomes law. Through debates, committee work, and voting, members of the House of Commons ensure that bills are thoroughly examined and amended as necessary before progressing through the legislative process.
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The role of the Senate
Canada’s parliamentary system is bicameral, meaning it has two chambers: the Senate and the House of Commons. The Senate is an important part of the legislative (law-making) branch of Canada’s government. Senators are appointed from each province and territory to represent Canada’s diverse regions and the interests of minority groups. They hold their seats until they reach the mandatory retirement age of 75 and are not required to run in an elections.
The Senate's fundamental role is to be a complementary legislative body to the House of Commons. It acts as a reviewing chamber for proposed bills before they are passed. The Senate can approve a bill without any changes, suggest amendments or reject a bill entirely. Senators introduce and debate bills, and once a bill is adopted by the Senate, it is sent to the House of Commons for review. The Senate also reviews bills it has received from the House of Commons. Senators participate in debates and can propose amendments (changes).
In addition to studying legislation, Senate committees study issues of public concern, such as mental health, aging, mass media and gender equality. Senators have specialized knowledge and experience in many fields, which helps them with their investigations. They hear from stakeholders, experts, government officials and other interested parties. These investigations produce reports with observations and recommendations that can lead to changes in federal laws or policies.
Most bills can be introduced in either the Senate or the House of Commons, but the Constitution requires bills that propose spending public money or raising taxes to originate in the House of Commons. Bills must be considered and adopted by both chambers in identical form before they are given final approval, called Royal Assent, by the Governor General or a representative.
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Royal Assent
In Canada's constitutional monarchy, bills require the assent of the Monarch to become a law. This assent is called the Royal Assent.
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Regulations and enforcement
Regulations are developed under a separate process from Acts of Parliament. Once a bill has been granted Royal Assent, it becomes law and comes into force either on that date or at a date provided for within the Act or specified by an order of the Governor in Council. The Governor in Council is the Governor General, on the advice of the federal Cabinet.
The Governor General may grant Royal Assent in two ways: by a nod of the head in a traditional Royal Assent ceremony in the Senate Chamber, or by signing the bill. Once Royal Assent is granted, a bill becomes law, taking effect immediately or on a specified date.
The approved draft regulations are published in the Canada Gazette, Part I, the official newspaper of the Government of Canada. It contains information such as formal public notices, official appointments, and proposed regulations. It is also a consultative tool, providing Canadians with the opportunity to provide their comments on the proposed regulations. Comments are taken into consideration, and the draft regulations are updated and finalized.
The Minister or the Governor in Council, on Treasury Board's advice, reviews and approves the making of the final regulations. The regulations are made once the Minister signs the regulations' covering order, or once the Governor General signs the regulations' Order in Council.
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Frequently asked questions
The first step is the introduction of the bill in either the Senate or the House of Commons.
Both the Senate and the House of Commons must pass the bill in identical form. The bill goes through several stages in each House, including debate, review, and voting.
The bill is then presented to the Governor General for Royal Assent. Once Royal Assent is granted, the bill officially becomes a law and comes into force either on that date or at a later date specified within the act.
