Gavin Howe
In Canada, an Act is a type of legislation, or written law, that is enacted by a legislature. The process of law-making in Canada is complex and involves the coordination of many people. It begins with a bill, or legislative initiative, that is submitted by the Government to Parliament for approval. The bill is then introduced in the House of Commons or the Senate, where it is debated and voted on. If the bill passes the second reading, it is sent to a Parliamentary Committee, which studies it further and holds public hearings. The Committee can also make changes to the bill. Once the Committee has finished its study, it reports the bill back to the Chamber, where Parliamentarians can make additional amendments. Finally, the bill is approved by Parliament and becomes law. The Justice Laws Website publishes the text of Acts and regulations as enacted, including any provisions relating to fees.
| Characteristics | Values |
|---|---|
| Type of legislation | Acts are a type of legislation, which is an umbrella term for written laws enacted by a legislature or under its delegated authority. |
| Creation | Acts are created by the federal government when it makes changes to Canadian law. |
| Purpose | Acts can either lay out the law on a particular topic (substantive act) or change/repeal existing acts (amending or repealing act). |
| Publication | The Justice Laws Website publishes the text of Acts as enacted, but may not include provisions for automatic fee adjustments. |
| Process | Acts are first proposed as bills, which are introduced in Parliament and voted on. If they pass, they are sent to a Parliamentary Committee for further study and public hearings. After this, the bill is reported back to the Chamber, where it can be amended before becoming an Act. |
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What You'll Learn
How a bill becomes an act
In Canada, a bill must go through several stages before it becomes an Act of Parliament. The legislative process takes up a significant portion of Parliament's time.
Firstly, a bill is introduced in either the House of Commons or the Senate by a parliamentarian (a senator or a member of Parliament). Most bills are first introduced in the House of Commons. Bills can come from the government or from parliamentarians not part of the government. Bills involving taxation or public funds must originate in the House of Commons and receive government approval. Bills are identified by a letter and number, such as Bill C-78 or Bill S-4.
The introduction of any public bill requires 48 hours' written notice. The day after it appears on the Notice Paper, the title of the bill will appear in the Order Paper and it is ready for introduction in the House. Bills are introduced during Routine Proceedings. If it is a private member's bill, the sponsor may provide a brief explanation.
The second reading stage of the legislative process provides an opportunity to participate in a debate on the general scope and principle of the bill. Parliamentarians debate the main idea of the bill, examining its strengths and weaknesses and discussing how it might affect different groups. This gives parliamentarians and other Canadians a chance to listen to different perspectives and opinions on the bill. Once the bill is adopted at second reading, it is referred to a committee for further scrutiny.
The role of the committee is to review the text of the bill and to approve or modify it. Committees may invite witnesses to appear, present their views and answer questions. The committee presents its report, which may recommend that the bill be accepted in its first reading state, or with amendments, or that it not be proceeded with further. During the report stage debate, members can propose further amendments to the bill.
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. The Senate may amend, delay or refuse to pass bills, although traditionally the Senate passes most bills. Any amendments made by the second House, however, must be agreed to by the first House, or the bill does not become law. If the reviewing chamber makes any changes, the bill gets 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.
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. The ceremony of royal assent is one of the oldest of all parliamentary proceedings and brings together all three constituent parts of Parliament: the Crown, the Senate and the House of Commons. Royal Assent may be granted in one of two ways: written declaration procedure or the traditional royal assent ceremony. The written declaration procedure involves the Clerk of the Parliaments meeting with the Governor General to present the bills with a letter indicating that they have been passed by both Houses. Royal Assent may also be granted by a nod of the head in a traditional Royal Assent ceremony in the Senate Chamber or by the Governor General signing the bill. Once a bill has been granted royal assent, it comes into force and becomes law. It may take effect immediately, on a specified date, or on a day set by the Governor in Council.
Once a bill comes into force, it becomes an Act and is renumbered. The text of a new Act is published in the Canada Gazette Part III and later in the Statutes of Canada.
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The law-making process
Canada is a federal state, and federal and provincial governments share governing and law-making powers. The law-making process in Canada is a complex and crucial activity in the country's democracy. It involves the coordinated efforts of dozens, if not hundreds, of people and requires planning and good management.
The next step is to transform the policy into a bill or draft regulation, which is a proposal for a new law. Bills can originate in the House of Commons, known as government bills, or they can come from parliamentarians who are not part of the government. Other types of bills include private member bills, private senator's bills, and public or private bills. All bills follow a process of debate, review, and voting.
After a bill is introduced and given a first reading, it proceeds to the second reading and committee referral stage. During the second reading, members debate the bill's principles and examine its strengths and weaknesses. The bill is then referred to a committee, which studies the bill and invites witnesses. The committee conducts a clause-by-clause review and proposes amendments before reporting the bill back to the House.
At the report stage, members may propose further amendments and debate the changes. This is followed by the third reading and adoption stage, where the debate centres on the final version of the bill, followed by a vote. If the bill passes the vote, it is sent to the other chamber (either the Senate or the House of Commons), where it goes through the same process.
Once the bill has been passed by both chambers in identical form, it goes to the Governor General for Royal Assent. Royal Assent is the stage that a bill must pass before officially becoming an act of Parliament. There are two ways to grant Royal Assent: the written declaration procedure or the traditional royal assent ceremony. After receiving Royal Assent, the bill comes into force and becomes law.
It is important to note that regulations are not made by Parliament but by persons or bodies that Parliament has authorised, such as the Governor in Council or a Minister. The relevant organisations conduct stakeholder engagement, seek views on policy approaches, and refine regulatory proposals based on the feedback received. The draft regulations are then developed by the Department of Justice, reviewed and approved by the Minister or the Treasury Board, and published in the Canada Gazette.
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Amending acts
In Canada, an Act is a written law that provides rules of conduct. When the federal government makes changes to Canadian law, it often creates "amending" Acts or regulations. These amending documents make changes to existing laws. For example, if the government wishes to add a new offence to the Criminal Code, it will not rewrite the entire document or create a new, separate Code. Instead, it will create an amending Act that adds new sections or makes changes to existing sections of the Criminal Code. A consolidated Act or regulation is one that has been updated and incorporates the amendments into the original text.
The process of amending a bill begins with a member proposing an amendment. The member can then access the legislative drafting services offered by lawyers in the Office of the Law Clerk and Parliamentary Counsel. The legislative counsel will draft amendments confidentially and in both official languages, adhering to established legislative drafting standards. Once drafted, the report stage motions (amendments) are sent to the member, who decides whether to proceed with them. As report stage can begin as soon as the second sitting day following the presentation of the committee report to the House, members are advised to act quickly and contact legislative counsel early in the process.
Amendments may be made to the title, clauses, preamble, and most schedules of a bill. The clause, line, and page numbers are always referred to in an amendment to determine its exact location in the text of the bill. Amendments are generally not made to the scope of the bill, which is fixed when the bill is adopted at the second reading. Any amendment that goes beyond the scope of the bill is inadmissible. Amendments must be relevant to the subject matter of the bill or the clause under consideration. Amendments to delete a clause are also inadmissible, as the proper course of action is to vote against the clause.
The Justice Laws Website publishes the text of Acts and regulations as enacted, including any provisions relating to fees. As of June 1, 2009, all consolidated Acts and regulations on the Justice Laws Website are "official" and can be used for evidentiary purposes. The Justice Laws Website generally reflects the consolidated law as it was approximately 2-3 weeks before the present calendar date. The Annual Statutes accessible on the Justice Laws Website include new Acts as well as Acts and provisions that amend existing Acts.
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Regulations
In Canada, laws created by governments are called "legislation". Legislation is a broad term that refers to laws, regulations, and other legal instruments created by governments. It may also be referred to as "statute law". The laws created by elected representatives in the federal Parliament or a provincial Legislative Assembly are typically called "acts" or "statutes". Statutes are often supplemented by "regulations" or other "statutory instruments", which are usually approved by the relevant government Minister.
The draft regulations are then developed by the Department of Justice, following the written instructions provided by the relevant organisations. The Minister, for Ministerial regulations, or the Treasury Board, for Governor in Council regulations, reviews and approves the draft regulations for publication, with or without changes. The approved draft regulations are published in the Canada Gazette, Part II, and come into force on the day or days set out in the regulations.
The Canada Gazette is the official newspaper of the Government of Canada. It contains regulations and public Acts of Parliament, proposed regulations, official appointments and public notices, as well as miscellaneous public notices from the private sector. It is also a consultative tool, providing Canadians with the opportunity to comment on proposed regulations. Comments are considered, and the draft regulations are updated and finalised. The Minister or the Governor in Council, on the Treasury Board's advice, reviews and approves the making of the final regulations.
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The role of the Canada Gazette
The Canada Gazette is the official newspaper of the Government of Canada. It is a modern publication that Canadians can use to access, learn about, and contribute to the official activities of the Government of Canada. It is a consultative tool that provides Canadians with the opportunity to provide comments on proposed regulations. It is published in three parts: Part I, Part II, and Part III. Each part contains specific types of notices.
Part I of the Canada Gazette is published each Saturday and contains public notices, official appointments, and proposed regulations from the Government of Canada. It also includes miscellaneous notices from the private sector that are required to be published by federal statute or by regulations. The official publication date is Saturday, and the publication is available online every Friday at 2 pm Eastern Time, with some exceptions during statutory holidays. Part I publishes a quarterly index, a directory of all notices published over a 3-month period.
Part II of the Canada Gazette contains all regulations that have become official. Only federal departments and agencies publish in Part II. Regular editions are published every second Wednesday at 9 am Eastern Time. A quarterly consolidated index is a directory of all the regulations, statutory instruments, and other documents published in Part II since 1955 that are still in force.
Part III of the Canada Gazette contains public Acts of Parliament, which are forms of written law generally referred to as "legislation". It also contains a list of the proclamations of Canada and orders-in-council relating to the acts. Part III is published after the acts receive royal assent by the Governor General. The Department of Justice decides when Part III is published.
The Canada Gazette is an important publication as it serves as a record of new statutes, new and proposed regulations, administrative board decisions, and public notices. It is also essential for keeping citizens informed about the law-making process and any changes to existing laws. For example, if the government wishes to add a new offence to the Criminal Code, it will create an amending Act, which will be published in the Canada Gazette. This allows Canadians to stay informed about any new offences or changes to the law.
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Frequently asked questions
An Act is a written law enacted by a legislature or under its delegated authority. It is also referred to as legislation.
In Canada, a bill is introduced in the House of Commons or the Senate for approval. If the bill passes the second reading, it is sent to a Parliamentary Committee, which studies it in-depth and holds public hearings. After this, the bill is reported back to the Chamber, where Parliamentarians can make amendments. Once the bill is approved, it becomes an Act.
The process of making Federal Acts in Canada is outlined in the Guide to Making Federal Acts and Regulations. It involves legislative planning and management, with checklists and templates provided for each step. The Guide also outlines the roles of participants in the process, such as the Cabinet, the Department of Justice, and Government officials.
