Keith Mack
In Canada, there are two main sources of law: statutory law and case law. Statutory law, also known as legislation or statute law, consists of written laws passed by federal, provincial, and territorial legislatures. The process of passing a bill into law involves several stages, including introduction in the legislature, debate and amendment, and approval by the relevant government minister or Royal Assent. Statutes are often supplemented by regulations or other statutory instruments. Understanding the legislative process and the interaction between statutory and case law is essential for effectively researching and applying the law in Canada.
| Characteristics | Values |
|---|---|
| Type of law | Primary law, one of two types of law in Canada (the other being case law) |
| Other names | Legislation, statute law |
| Created by | Elected representatives in federal Parliament or a provincial Legislative Assembly |
| Called | Acts or statutes |
| Supplemented by | Regulations or other statutory instruments, approved by the relevant government Minister |
| Binding | Binding in court |
| Legislative powers | Divided between federal and provincial governments, as set out in the British North America Act (BNA Act) in 1867 |
| BNA Act | Later renamed the Constitution Act, 1867; amended in 1982 when Canada gained the right to amend its constitution |
| Federal legislature | Bicameral, consisting of the House of Commons and the Senate |
| Provincial and territorial legislatures | Unicameral |
| Process | A bill must be introduced in the legislature and go through a series of stages to become law |
| Bill creation | Drafted by the government in power or by an individual member of the House of Commons or the Senate |
| Final stage | Members debate the final form of the bill and decide if it should be adopted or sent back to committee |
| Law | A bill must be passed in identical form by both legislative chambers (House of Commons and Senate) to become law |
| Royal Assent | Granted by the Governor General or other Crown representative once a bill is adopted in identical form by both chambers; signifies passage into law |
| Law in effect | A statute can come into force on the date it receives Royal Assent, on a future date specified in the bill, or on a date determined through a proclamation or order |
| Federal legislation | Found on the Justice Laws Website once passed into law |
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What You'll Learn
How is statutory law made in Canada?
In Canada, the power to make laws on specific matters is divided between the federal government and the provincial governments. This distribution of legislative powers was originally set out in two sections of the British North America Act in 1867, which was later renamed the Constitution Act, 1867. The Act has been amended several times, but the fundamental division of powers remains unchanged. The federal government creates most criminal laws in Canada, with the Criminal Code being the main piece of legislation.
Statutory law, or statute law, refers to written laws passed by the federal, provincial, and territorial legislatures. Every federal statute starts as a bill, which can be drafted by the government in power, an individual member of the House of Commons, or the Senate. The bill is then introduced in the chamber, where it goes through a series of stages. The legislative process at the provincial and territorial levels is similar to the federal process, but with a key difference: while the federal legislature is bicameral (consisting of the House of Commons and the Senate), the provincial and territorial legislatures are unicameral (consisting of a single chamber). This makes the legislative process at the provincial and territorial levels significantly simpler. For example, in Ontario, a bill only needs to receive passage in the Legislative Assembly of Ontario.
For a bill to become a law, it must be passed in identical form by both chambers of the federal legislature: the House of Commons and the Senate. This process allows members to debate the final form of the bill and decide if it should be adopted or sent back to the committee. Once a bill is adopted by the House, it is sent to the Senate, where it follows a similar legislative process: first reading, second reading, committee stage, report stage, and third reading. If the bill is passed without amendments, it proceeds to the next step, which is Royal Assent. Royal Assent is granted by the Governor General or another representative of the Crown, and it signifies the passage of a bill into law. However, it does not necessarily mean that the law is effective immediately. A statute can come into force in three ways: on the date it receives Royal Assent, on a future date specified in the bill, or on a date determined through a proclamation or order.
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The role of the House of Commons
Statutory law in Canada refers to the written laws passed by federal, provincial, and territorial legislatures. These laws are created by elected representatives in the federal Parliament or a provincial Legislative Assembly and are typically called "acts" or "statutes". Statutes are often supplemented by "regulations" or other "statutory instruments" that are approved by the relevant government minister.
The House of Commons is a crucial part of the legislative branch of Canada's government. It is the lower house of the Parliament of Canada, along with the Crown and the Senate of Canada, forming a bicameral legislature. The House of Commons plays a vital role in the law-making process and has several key functions:
Law-making and Legislative Process:
The House of Commons is responsible for debating and passing bills, which become statutes or acts once they receive Royal Assent. Most federal legislation originates in the House of Commons, where members introduce and debate proposed laws. A bill must pass through both the House of Commons and the Senate in identical form to become law, after which it proceeds to the final stage of receiving Royal Assent.
Government Accountability and Opposition:
Members of Parliament (MPs) who belong to political parties other than the governing party form the opposition. Their role is to hold the government accountable, provide alternative perspectives and policies, debate ideas, and question the government about its actions and decisions. This ensures a diversity of viewpoints and a robust democratic process.
Budget and Taxation:
The House of Commons plays a crucial role in deciding how taxpayer money is redistributed across Canada. MPs debate and resolve budgetary matters, spending requirements for ministries, and funding issues. They ensure that the perspectives of their constituents are considered when making these financial decisions.
Representation:
Each MP in the House of Commons represents one of Canada's 343 constituencies, also known as ridings. They bring the perspectives of their constituents to the decision-making process and work to represent their interests. MPs may hold office until Parliament is dissolved, serving for up to five years after an election.
Committees:
The Parliament of Canada utilizes committees for various purposes. Committees within the House of Commons consider bills in detail, make amendments, scrutinize government agencies and ministries, and ensure that all viewpoints are considered.
The House of Commons, with its elected representatives, plays a vital role in shaping Canada's laws and policies, ensuring democratic representation, and holding the government accountable for its actions.
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The role of the Senate
The Senate of Canada plays a crucial role in the country's legislative process and in ensuring regional representation in the creation of statutory law. The Senate, also known as the Upper House of Parliament, is comprised of 105 senators appointed by the Governor General on the advice of the Prime Minister. Senators are appointed to serve until the age of 75, with a mandatory retirement age.
One of the key roles of the Senate is to provide a sober second thought on legislation passed by the House of Commons. Senators carefully review, debate, and may propose amendments to bills before giving their final approval. This process ensures that laws are thoroughly considered and that the interests of all Canadians, including regional and minority interests, are taken into account. The Senate also has the power to initiate certain types of legislation, particularly in areas of national concern, although the majority of bills originate in the House of Commons.
Another important function of the Senate is to represent the diverse regions of Canada. Senators are appointed on a regional basis, ensuring that all areas of the country have a voice in the legislative process. This distribution allows for a more balanced representation of the diverse interests and perspectives of Canada's regions.
Additionally, the Senate undertakes the crucial task of scrutinizing and overseeing the work of the government. Senate committees play a vital role in this process by examining specific areas of government policy and administration, conducting in-depth studies, and hearing from witnesses and experts. Through this oversight, senators can hold the government accountable, ensure transparency, and identify areas where new legislation or amendments may be necessary.
The Senate also has a distinct role in safeguarding minority rights and ensuring that regional interests are not overlooked. Senators must carefully consider the potential impact of legislation on different regions and minority groups, thereby protecting the rights and freedoms of all Canadians. This includes matters pertaining to language, culture, and religious diversity, where the Senate works to uphold and promote equality and social justice.
In summary, the Senate of Canada is integral to the formation of statutory law in the country. Through its diligent review of legislation, commitment to regional representation, scrutiny of governmental functions, and protection of minority rights, the Senate ensures that Canada's statutory laws are thoughtfully crafted, equitable, and reflective of the diverse needs and perspectives of its citizens.
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Royal Assent
In Canada, the process of making a bill into a law involves several steps. Firstly, a bill is introduced in the House of Commons or the Senate, where it undergoes a series of readings and debates. If the bill is adopted, it is sent to the other chamber, where it follows a similar legislative process. Once a bill has been passed in identical form by both the Senate and the House of Commons, it is given to the Governor General for Royal Assent.
The written declaration procedure involves the Clerk of the Parliaments or their deputy meeting with the Governor General or their deputy to present the bills and request assent. At the government's request, a representative from the Privy Council Office and a House table officer may also be present for the signing of the written declaration. Letters advising that Royal Assent has been granted are delivered without delay to the Speakers of both Houses and are read to the Houses upon receipt.
In Canada's constitutional monarchy, bills require the assent of the Monarch to become law. Royal Assent has never been refused to a federal bill in Canada. This process is based on the British tradition that prevailed before Confederation, and it serves as a visible manifestation of the Sovereign sanctioning the work of Parliament.
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The difference between statutory law and common law
In Canada, the power to make laws is divided between the federal government and the provincial governments. There are two main types of primary law in Canada: legislation (also known as statutory law) and case law (also known as common law).
Statutory law consists of the statutes (written laws) passed by the federal, provincial, and territorial legislatures. Every federal statute starts as a bill, which must be introduced in the legislature and go through a series of stages to become law. In Canada, a bill must be passed in identical form by both legislative chambers: the House of Commons and the Senate. Once a bill has been adopted in identical form by both chambers, it proceeds to the final stage of receiving Royal Assent, granted by the Governor General or other representatives of the Crown.
Common law, on the other hand, is based on past judicial opinions and precedent. It is uncodified, meaning it is not compiled into rules and statutes. Instead, common law relies on the historical rulings of past federal, state, or local court cases to set the precedent for future cases. While common law may be less user-friendly, its major advantages are the independence of the judiciary and the ability of judges to respond to societal changes.
Statutory law and common law interact and sometimes conflict with each other. For example, in the case of employee termination, Ontario's Employment Standards Act (a statute) states that employers owe terminated employees one week per year of service, up to eight weeks. However, under common law, employers must provide "reasonable notice", which often translates to a minimum of three months and can range up to two years.
In summary, statutory law and common law differ in their origins and applications. Statutory law is based on current statutes enacted by the legislature and government, while common law is based on past judicial rulings and precedent. Understanding these differences is essential to comprehending one's rights and the legal system as a whole.
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Frequently asked questions
Statutory law, also known as legislation or statute law, consists of the statutes (written laws) passed by federal, provincial, and territorial legislatures.
Every federal statute starts out as a bill. A bill can be drafted by the government in power, an individual member of the House of Commons, or the Senate. The bill is then introduced in the chamber. In order to become a law, a bill must be passed in identical form by both legislative chambers: the House of Commons and the Senate. Once a bill has been adopted by the House, it is sent to the Senate, where it follows a similar legislative process. If the bill passes in the Senate without amendment, it proceeds to the next step: Royal Assent.
Royal Assent is granted by the Governor General (or other representatives of the Crown) once a bill has been adopted in identical form by both the House of Commons and the Senate. Royal Assent signifies the passage of a bill into law, but it does not necessarily mean that the law is in effect as of that date. A statute can come into force in three ways: on the date it receives Royal Assent; on a future date specified in the bill; or on a date to be determined through a proclamation or order.
