Cameron Miranda
Canada's legislative process involves three parts of Parliament: the House of Commons, the Senate, and the Monarch. To make a federal law in Canada, a bill must be introduced in either the Senate or the House of Commons. A bill is a text of a legislative initiative that the Government submits to Parliament to be approved and possibly amended before becoming law. A bill may provide for the enactment of a new Act or it may amend one or more existing Acts. Once the Cabinet signs off on a bill, it is then introduced to either the House of Commons or the Senate. The bill then goes through various stages in each House: first, second, and third reading. Then it must receive Royal Assent, at which point it becomes law.
| Characteristics | Values |
|---|---|
| How a bill becomes a law | A bill must be introduced in either the Senate or the House of Commons, pass through various stages in each House, and receive Royal Assent. |
| How a bill is introduced | The Cabinet, composed of the Prime Minister and other ministers, creates a policy proposal known as a "public bill". Once the Cabinet signs off on a bill, it is then introduced to either the House of Commons or the Senate. |
| First reading | This stage is generally a formality to introduce the content, and there is no debate or vote. |
| Second reading | At the second reading, the foundation or principle of the bill is discussed, debated, and voted on. |
| Third reading | The bill is subject to a final debate and vote. If the bill passes the vote, it is then sent to the other Chamber, where it goes through the same process. |
| Royal Assent | Once the bill has been passed in the same form by both Chambers, it goes to the Governor General for Royal Assent and then becomes Canadian law. |
| Official languages | The Constitution Act, 1867 requires federal laws to be enacted in both official languages, and both versions must be equally authentic. |
| Legislative planning and management | The process of making federal laws involves legislative planning and management, including the Constitution and other basic laws that must be considered when preparing legislation. |
| Post-enactment review | After a law is enacted, it is subject to post-enactment review. |
| Regulations | Regulations are not made by Parliament but rather by persons or bodies that Parliament has given the authority to make them in an Act, such as the Governor in Council or a Minister. |
| Stakeholder engagement | Stakeholders are invited to provide comments on draft regulations, which are then updated and finalized before being published in the Canada Gazette, the official newspaper of the Government of Canada. |
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What You'll Learn
Drafting a bill in two languages
Canada has two official languages: English and French. The Constitution Act, 1867 requires federal laws to be enacted in both languages, with both versions being equally authentic. Therefore, it is of utmost importance that bills and regulations are prepared in both English and French.
To ensure that the meaning of the bill is accurately conveyed in both languages, sponsoring departments and agencies must be capable of developing policy, consulting, and instructing legislative drafters in both official languages. The two versions of the bill must be more than mere translations of each other. Instead, they must be adapted to fit into both the common law and civil law legal systems, which are both in operation in Canada.
When a draft bill is prepared in both official languages, it is then approved by the responsible minister and presented to the Cabinet for approval. If approved, the bill is introduced in Parliament, where it undergoes its first reading in either the Senate or the House of Commons. This stage is generally a formality to introduce the content, and there is no debate or vote. The bill is then printed, and the second reading takes place in the same House of Parliament.
During the second reading, members of Parliament debate and vote on the principle of the bill. At this stage, the bill may be referred to a legislative, standing, or 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 then reports the bill 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.
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Getting cabinet approval
Canada's legislative process involves all three parts of Parliament: the House of Commons, the Senate, and the Monarch (represented by the Governor General). These three parts work together to create new laws.
The Cabinet, composed of the Prime Minister and other ministers, creates a policy proposal known as a "public bill". Once the Cabinet signs off on a bill, it is then introduced to either the House of Commons or the Senate. The Cabinet is the Prime Minister's forum for creating consensus among the Government's Ministers.
To get Cabinet approval, a proposed policy is developed by the Government and is then presented to the Cabinet for approval to draft a new bill. A draft bill is prepared in two official languages and approved by the responsible Minister. The draft bill is then presented to the Cabinet for approval. If approved, it is ready to be introduced in Parliament.
A bill is the text of a legislative initiative that the Government submits to Parliament to be approved and possibly amended before becoming law. Bills and regulations must be prepared in both official languages, and both versions must convey their intended meaning clearly and accurately. Bills and regulations must also respect both the common law and civil law legal systems, as both systems operate in Canada.
The Miscellaneous Statute Law Amendment Program is a legislative exercise to correct anomalies, inconsistencies, outdated terminology, or errors in statutes. It allows for minor amendments of a non-controversial nature to be made to federal statutes without waiting for substantial amendments.
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Introducing the bill in Parliament
In Canada, there are two main avenues to introduce a law. The first step is for the Cabinet, which is composed of the Prime Minister and other ministers, to create a policy proposal, known as a "public bill". Once the Cabinet has approved the bill, it is then ready to be introduced in Parliament.
The first reading of the bill can take place in either the House of Commons or the Senate, depending on where the bill was first introduced. This stage is generally a formality to introduce the content, and there is no debate or vote. The bill must be drafted in both of Canada's official languages, and both versions must be equally authentic and clear in their intended meaning.
During the second reading, the foundation or principle of the bill is discussed, debated, and voted on. The House may decide to refer the bill to a legislative, standing, or 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 then reports the bill back to the House, indicating any proposed amendments. The House considers these amendments and votes for or against them.
The bill then undergoes a final debate and vote. If the bill passes, it is sent to the other chamber, where it goes through the same process. Once the bill has been passed in the same form by both chambers, it goes 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. When a bill is given Royal Assent, it becomes law.
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Readings, debate, and vote
Once a bill has been introduced in the House of Commons or the Senate, it must go through several readings, debates, and votes before becoming federal law in Canada.
First Reading
The first reading of a bill can start in either the House or the Senate, depending on where it was first introduced. This stage is generally a formality to introduce the content, and there is no debate or vote.
Second Reading
During the second reading, the foundation or principle of the bill is discussed, debated, and voted on. The House may decide to refer the bill to a legislative, standing, or special committee, or to a Committee of the Whole.
Committee Stage
At this stage, the appropriate parliamentary committee considers the bill clause by clause. The committee can summon witnesses and experts to provide information and help improve the bill. The committee then reports the bill back to the House, clearly indicating any proposed amendments.
Report Stage
The House considers the committee's proposed amendments and votes for or against them. The bill as a whole is then debated and voted on again.
Third Reading
If the bill passes the vote in one chamber, it is then sent to the other chamber, where it goes through the same process of readings, debates, and votes. Once the bill has been passed in the same form by both chambers, it goes to the Governor General for Royal Assent.
Royal Assent
When a bill is given Royal Assent by the Governor General, it becomes law. The Governor General may assent to a bill in the Queen's name, withhold assent, or reserve assent. The law becomes enforceable once it comes into force, which can happen on a day or days set by the Governor in Council.
It is important to note that bills and regulations in Canada must be prepared in both official languages, English and French, with both versions conveying the same intended meaning in clear and accurate language.
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Royal Assent
In Canada, Royal Assent is given by the Governor General or one of their deputies, such as a Justice of the Supreme Court of Canada or a senior official like the Secretary to the Governor General. The Governor General may signify assent by a nod of their head, or by signing the bill. Once a bill has received Royal Assent, it officially becomes a law.
The Royal Assent ceremony in Canada is based on British tradition. Until 2002, Royal Assent could only be given through a traditional ceremony in the Senate Chamber. Since then, bills may also be granted Royal Assent by written declaration, as provided for in the Royal Assent Act. This act mandates that a traditional ceremony be held at least twice each year and for the first appropriation bill of each session of Parliament. The government chooses the date and time of Royal Assent, depending on the urgency of the bill.
During a traditional Royal Assent ceremony, the Speaker of the House of Commons addresses the Governor General and reads the titles of the supply bills to receive assent. The Governor General signifies assent with a nod, which is then announced by the Clerk of the Parliaments. The Speaker and members of the House of Commons then withdraw from the Senate Chamber, followed by the Governor General. The sitting of the Senate then resumes.
For Royal Assent by written declaration, the participants present are usually the Governor General or a deputy, the Clerk of the Parliaments or a designate, and a representative of the Privy Council Office. If there are supply bills to receive assent, a table officer from the House of Commons is also present. The Clerk of the Parliaments announces the titles of the bills awaiting assent and presents them to the Governor General for signing.
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Frequently asked questions
To become a law, a bill must first be introduced in either the Senate or the House of Commons. It must then pass through various stages in each House: first, second and third reading. Then it must receive Royal Assent.
The Constitution Act, 1867 requires federal laws to be enacted in both official languages. It is important that both versions convey their intended meaning in clear and accurate language. Once the Cabinet signs off on a bill, it is then introduced to either the House of Commons or the Senate.
The Cabinet, which is composed of the Prime Minister and other ministers, creates a policy proposal, known as a "public bill". Once approved by the Cabinet, the bill is ready to be introduced in Parliament.
