Cameron Miranda
In Canada, a bill must go through several stages before it can become a law. The process begins with the proposal, formulation, and drafting of a bill, which may be introduced in either the Senate or the House of Commons. The bill is then debated, reviewed, and voted on by parliamentarians, who decide whether it should be studied further. If the bill passes, it is sent to a committee, which studies it in-depth and may suggest changes. The bill then goes back for a final debate and vote, and if it passes this stage, it is sent to the other chamber, where it undergoes the same process. Once the bill has been passed by both chambers in identical form, it goes to the Governor General for Royal Assent and becomes Canadian law.
| Characteristics | Values |
|---|---|
| Where is the bill introduced? | The bill is introduced in either the Senate or the House of Commons. |
| Who introduces the bill? | A parliamentarian, which can be a senator or a member of Parliament. |
| Who drafts the bill? | The bill is drafted by the Department of Justice following instructions from the cabinet. |
| Who approves the bill? | Approval by the Governor General or another designated representative of the Crown is required for a bill to become law. |
| What is the process after introduction? | First, second and third reading, followed by a vote. |
| What happens after the bill is passed? | It is sent to the other chamber for review. |
| What is the role of the committee? | The committee studies the bill in-depth and suggests changes. |
| What is Royal Assent? | Royal Assent is when the Governor General agrees to the bill, making it a law. |
| What happens if the bill is rejected? | If a bill is rejected, it stops going through the legislative process. |
| What happens if there is no decision before a session ends? | If there is no decision before a session ends, the bill does not become a law. |
| What are the types of bills? | Public and private. Public bills deal with matters of national interest, while private bills benefit a particular individual or group. |
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What You'll Learn
How a bill is introduced in the House of Commons or Senate
A bill can be introduced in either the Senate or the House of Commons. Bills are introduced by a parliamentarian (a senator or a member of Parliament). They can come from the government or from parliamentarians not part of the government.
Bills introduced in the Senate are identified with the letter 'S' and given a number (e.g., Bill S-4), while those introduced in the House of Commons start with the letter 'C' (e.g., 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. Government bills originating in the Senate are numbered consecutively from S-1 to S-200, Senators' public bills from S-201 to S-1000, and Senators' private bills from S-1001. Government bills originating in the House of Commons are numbered from C-2 to C-200, private members' bills from C-201 to C-1000, and private bills from C-1001.
The first reading is the initial step in a bill's progress through Parliament. The parliamentarian proposing the bill will introduce it in their chamber. Although this step is called the first reading, the bill is not actually read aloud in the chamber—it is made available for parliamentarians and Canadians to read and examine. The first reading may include a preamble, which sets out the bill's purposes and reasons for introducing it. The enacting clause is an essential part of the bill, stating the authority under which it is enacted.
After the first reading, the bill proceeds to the second reading in the same House of Parliament. Members debate and vote on the principle of the bill. The House may decide to refer the bill to a legislative, standing, or a special committee, or to a Committee of the Whole. The committee can summon witnesses and experts to provide information and help improve the bill. The committee reports the bill to the House, indicating any proposed amendments. The House considers the amendments and votes for or against them.
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 at the third reading, it is then sent to the other chamber. Most bills begin in the House of Commons and are sent to the Senate for review, but bills may also be introduced in the Senate first. When a bill is sent from one chamber to the other, the bill is read again for the first time and goes through the same steps. If the reviewing chamber makes any changes, the bill is sent back to the initial chamber for further review. Messages may go back and forth between the chambers as amendments are debated. Most amendments are intended to clarify, simplify, or improve a bill.
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The process of debate, review and voting
The process of passing a bill into law in Canada involves several stages of debate, review, and voting. Firstly, a bill is introduced in either the Senate or the House of Commons, where it undergoes its first reading. During this stage, the objectives of the bill are outlined, and Members of Parliament (MPPs) decide whether to accept it for future debate.
If the bill is accepted, it proceeds to the second reading, where MPPs debate the principles of the bill. Each member is typically allowed to speak only once during this stage. Following the debate, the MPPs vote on whether to advance the bill to the next step. If the bill passes this vote, it may be referred to a committee for in-depth study and potential amendments. Committees can be legislative, standing, special, or Committee of the Whole, and they may summon witnesses and experts to provide information and improvements to the bill.
After the committee stage, the bill returns to the chamber for a third reading and a final debate. During this stage, members can propose further amendments based on the committee's recommendations. Following the final debate, the Speaker calls for a final vote, and if the bill is passed by a majority of parliamentarians, it is sent to the other chamber, where it undergoes the same process of readings, debates, and votes.
If the reviewing chamber suggests changes, the bill is sent back to the initial chamber for further review and potential acceptance of the proposed amendments. Messages may go back and forth between the chambers as they debate the amendments. This process continues until both chambers pass the bill in identical form, after which it is presented to the Governor General for Royal Assent. Royal Assent may be granted by a traditional ceremony in the Senate Chamber or by the Governor General signing the bill, and it has never been refused to a federal bill in Canada. Once Royal Assent is granted, the bill officially becomes a law.
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Amendments and assent by the Governor General
In Canada, a bill must go through several stages before it can become a law. After a bill has been passed by both the Senate and the House of Commons in identical form, it is presented to the Governor General for assent. This is known as Royal Assent.
The Governor General may assent to the bill in the Queen's name, withhold assent, or reserve assent. Royal Assent may be granted in one of two ways: through a written declaration procedure or a traditional Royal Assent ceremony. In the written declaration procedure, the Clerk of the Parliaments meets with the Governor General to present the bills and request assent. During the traditional Royal Assent ceremony, the Governor General may grant Royal Assent by nodding their head in the Senate Chamber or by signing the bill. Once the bill is granted Royal Assent, it becomes law and takes effect immediately or on a specified date.
If the Senate makes amendments to a bill, it sends a message to the House of Commons with the text of the amendments. If the House does not agree with the amendments, it adopts a motion stating its reasons for disagreement, which is then communicated back 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, a conference may be held, although this practice has fallen into disuse.
In Canada's constitutional monarchy, bills require the assent of the Monarch to become law. The Constitution of Canada is the supreme law of the country, and any law that is inconsistent with the Constitution has no force or effect. Amendments to the Constitution must be made in accordance with the authority contained in the Constitution.
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The role of Royal Assent in passing a bill
In Canada's constitutional monarchy, the Royal Assent is a critical stage in the legislative process, marking the final step in passing a bill into law. It is the approval by the Sovereign or the Monarch, of a bill that has been passed by both houses of Parliament—the Senate and the House of Commons—in identical form. This approval is granted by the Governor General or one of their deputies, such as a Justice of the Supreme Court of Canada or a senior official, on behalf of the Crown.
The Royal Assent holds immense significance as it is the point at which a bill officially becomes an act of Parliament and part of Canadian law. Without it, a bill cannot become law. The ceremony, one of the oldest parliamentary traditions, symbolises the coming together of the three components of Parliament: the Crown, the Senate, and the House of Commons.
There are two ways to grant Royal Assent: through a traditional ceremony in the Senate Chamber or by written declaration. In the traditional ceremony, the Governor General signifies assent by a nod of their head, and the Usher of the Black Rod turns to face the main doors of the Senate chamber, indicating the ceremony's conclusion. The Speaker of the House then raises their hat, bows to the representative of the Crown, and returns to the Commons chamber to inform members that Royal Assent has been granted.
In the case of a written declaration, the Clerk of the Parliaments, or the Clerk of the Senate, meets with the Governor General, presenting the bills and a letter requesting assent. A representative from the Privy Council Office is also present for the signing. Once the declaration is complete, the Secretary to the Governor General sends letters to the Speakers of both Houses, formally advising them that Royal Assent has been granted.
It is important to note that Royal Assent has never been refused to a federal bill in Canada. Once a bill receives Royal Assent, it becomes law and comes into force on that day, unless specified otherwise in the act.
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How a bill becomes law
The process of turning a bill into law in Canada involves several stages. Firstly, a bill is introduced in either the Senate or the House of Commons, where it undergoes its first reading. During this stage, the objectives of the bill are outlined, and Members of Provincial Parliament (MPPs) decide whether to accept the bill for further debate. If accepted, the bill proceeds to the second reading.
In the second reading, MPPs debate the principles of the bill, each speaking only once. After the debate, the MPPs vote on whether to advance the bill to the next stage, which is typically the examination by a committee. There are different types of committees that can review a bill, including legislative, standing, or special committees. The committee may summon witnesses and experts to provide information and help improve the bill. The committee then presents its report, which may include recommended amendments or propose that the bill not be proceeded with.
Following the committee stage, the bill returns to the chamber for a third reading and final debate, based on the committee's report. During this stage, members can propose further amendments to the bill. After the debate, the Speaker calls for a final vote. If the bill is passed by a majority of parliamentarians, it is sent to the other chamber, where it undergoes the same process of readings, debates, and votes.
If the reviewing chamber makes any changes to the bill, it is sent back to the initial chamber for further review. Messages may go back and forth between the chambers as amendments are debated. This process continues until both chambers pass the bill in identical form. Once this happens, the bill is given to the Governor General for Royal Assent. Royal Assent may be granted by a nod of the head in a traditional ceremony or by the Governor General signing the bill. When Royal Assent is granted, the bill officially becomes a law.
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Frequently asked questions
The first step in the legislative process in Canada is the introduction of a bill in either the Senate or the House of Commons. This is called the first reading.
The second step is the second reading, where members debate and vote on the principle of the bill. If the bill passes, it is then referred to a committee for further study and may suggest changes.
The final step in the legislative process in Canada is the granting of Royal Assent by the Governor General, at which point the bill becomes a law.
