Keith Mack
Canada's law-making process is a complex and lengthy procedure that involves multiple stages and stakeholders. The process is inherently colonial, mirroring the Westminster system of the United Kingdom, and has been criticised for excluding the perspectives of those most affected by the changes being debated. Nevertheless, it is through this process that bills are introduced, debated, amended, and voted on, eventually becoming federal laws in Canada. So, how does this process work?
| Characteristics | Values |
|---|---|
| Legislative body | The Senate and the House of Commons |
| Legislative process | A bill must go through several stages before becoming a law |
| First stage | A bill is proposed by the Cabinet to either the House of Commons or the Senate and appears on the Notice Paper |
| Second stage | The bill appears on the Order Paper and heads for its first reading |
| Third stage | Second reading stage where there is a debate on the general scope and principle of the bill |
| Fourth stage | The bill is referred to a committee for further scrutiny and approval or modification |
| Fifth stage | The bill proceeds to the other chamber of Parliament and repeats the same process |
| Sixth stage | If the bill passes, it is sent to the Governor General for Royal Assent |
| Seventh stage | The Governor General signs off on the bill, officially turning it into a law |
| Law-making guide | The Guide to Making Federal Acts and Regulations is a resource for government officials involved in the law-making process |
| Law-making system | Canada's law-making system is a parliamentary system, mirroring the Westminster system used in the United Kingdom |
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What You'll Learn
How a bill becomes a law
In Canada, the law-making process is not always linear, and a bill can move between stages. However, a bill must go through several specific stages before it becomes a law. Firstly, ideas for new laws often begin outside of Parliament. Canadians can indicate what they want to change by signing petitions, meeting with parliamentarians, and sharing their perspectives. Political parties then include these ideas in their election platforms.
Once in Parliament, a bill is proposed by the Cabinet to either the House of Commons or the Senate, appearing on the Notice Paper, notifying Parliament with 48 hours' written notice of the start of the law-making process. The following day, it appears on the Order Paper and the bill heads for its first reading. A bill introduced in the House of Commons begins with a 'C', while a bill introduced in the Senate starts with an 'S'.
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. Once the bill is adopted at the second reading, it is referred to a committee for further scrutiny. The committee reviews the text of the bill and can approve or modify it. Committees may invite witnesses to appear, present their views, and answer questions.
After the committee stage, the bill proceeds to the third reading, where members have a final opportunity to debate and vote on the bill. 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 can also start in the Senate and then go to the House of Commons. 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 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 a bill has been passed by both the Senate and the House of Commons in identical form, the Governor General grants Royal Assent, and the bill becomes a law. The assent of the Crown is always the last stage of the law-making process. The Governor General is a symbolic representation of the Crown in Canada, and Royal Assent has never been refused to a federal bill in Canada. Once Royal Assent is granted, a bill becomes law, taking effect immediately or on a specified date.
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The role of the House of Commons
The House of Commons is an important part of the legislative branch of Canada's government. It brings together elected representatives from across the country. Most bills are first introduced in the House of Commons, but they may also be introduced in the Senate first. Bills involving taxation or public funds must originate in the House of Commons, according to the Constitution Act, 1867, and receive government approval.
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 debate on the general scope and principle of the bill. Once the bill is adopted at the second reading, it is referred to 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.
If the bill is passed by a majority of parliamentarians at the third reading in the chamber where it was introduced, it is then sent to the other chamber. If a bill is rejected or if a decision is not made before a session of Parliament ends, the bill stops going through the legislative process.
Once both the Senate and the House of Commons have passed a bill in identical form, in both official languages, 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 Royal Assent ceremony in the Senate Chamber or by the Governor General signing the bill. Once the bill receives Royal Assent, it officially becomes a law.
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The role of the Senate
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 their region. The Senate follows a legislative process very similar to the one in the House of Commons.
A bill can be introduced in the Senate first, in which case it will start with an 'S'. If the bill is first introduced in the House of Commons, it will begin with a 'C'. The bill is then read for the first time in the Senate, and the title of the bill will appear in the Order Paper. The bill then goes through the same process as in the House of Commons, including a second reading, which provides an opportunity to debate the scope and principle of the bill. Once the bill is adopted, it is referred to a committee for further scrutiny. The committee may invite witnesses to present their views and answer questions.
The Senate may suggest amendments to the bill. If the Senate adopts a bill without amendment, a message is sent to the House of Commons, and the bill receives royal assent. If the Senate proposes amendments, it sends the amended bill to the House of Commons. If the House of Commons disagrees with the amendments, it can adopt a motion stating its reasons for disagreement and send it back to the Senate. If the Senate still wishes for the amendments to stand, it can send the bill back to the House of Commons, which then has the option to accept or reject the proposed changes. If an agreement cannot be reached, a conference may be held. Once both the Senate and the House of Commons have passed the bill in identical form, the bill is given to the Governor General for Royal Assent, at which point it becomes law.
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The role of the Governor General
The Governor General comes into the legislative process after a bill has been passed by both the Senate and the House of Commons, which are the two chambers of Parliament. The bill must be approved in identical form by both houses, and it must be passed by a majority of parliamentarians. This is a crucial step, as it ensures that the proposed legislation has been thoroughly reviewed, debated, and voted on by elected representatives from across Canada.
Once a bill has been passed by both chambers, it is then presented to the Governor General for Royal Assent. This is a symbolic act that signifies the completion of the legislative process and the transformation of the bill into law. The Royal Assent can be granted through a traditional ceremony, with a nod of the head, or by the Governor General signing the bill. It is worth noting that Royal Assent has never been refused to a federal bill in Canada.
In addition to their role in the legislative process, the Governor General also has other responsibilities related to law-making. They may be involved in approving regulations, which are not made by Parliament but by persons or bodies authorized by Parliament, such as the Governor in Council or a Minister. These regulations carry out the purposes of general laws or expand on them and have the force of law. The Governor General signs the regulations' Order in Council, contributing to the creation and implementation of these regulations.
Overall, the role of the Governor General in the Canadian law-making process is primarily focused on granting Royal Assent to bills passed by both chambers of Parliament, symbolizing the Crown's approval and finalizing the legislative process. Their involvement ensures that the law-making process in Canada follows the appropriate procedures and respects the symbolic representation of the Crown.
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The law-making process's colonial roots
Canada's law-making process is deeply rooted in its colonial past. The country's legal system is pluralistic, with foundations in three distinct traditions: English common law, French civil law, and Indigenous law. This diversity reflects Canada's complex history and the evolution of its legal landscape.
The English common law system was inherited from Canada's colonial era as a part of the British Empire. This system, based on customs and precedents, offered a ready-made framework for the emerging colony. After the foundation of Halifax in 1749, the introduction of English common law accelerated as British settlers sought the familiarity and stability of their legal traditions. Counties were established, lands granted, and a Supreme Court was instituted, solidifying the presence of English common law in Canada.
The French civil law system, on the other hand, was introduced through Canada's historical ties with the French Empire. The colony of New France, the first European colony in what is now Canada, operated under a civil law regime. However, when France ceded New France to Britain, the civil law system was replaced by the common law system per the Royal Proclamation of 1774.
Indigenous law, the third pillar of Canada's legal heritage, has a long and ongoing history. Canada was founded on the territories of over 900 Indigenous groups, each with its own unique legal traditions. These traditions continue to be practised and are recognised through Aboriginal law, which grants constitutionally protected rights to Indigenous groups regarding land and traditional practices. The intersection of Indigenous legal orders with civil and common law systems is complex and evolving, with some Indigenous communities being self-governing while others are subject to common or civil law in certain aspects of their lives.
The colonial influence on Canada's law-making process is also evident in the structure of its governance. The Constitution Act of 1867, known as the British North America Act before 1982, affirmed parliamentary governance and divided powers between the federal and provincial governments. The Statute of Westminster in 1931 granted full autonomy to Canada, further shaping its legislative independence. However, the colonial legacy has also led to the marginalisation and criminalisation of Indigenous legal traditions, and the exclusion of affected communities from the law-making process.
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Frequently asked questions
The law-making process in Canada involves several stages. A bill is first proposed by the Cabinet to either the House of Commons or the Senate, appearing on the Notice Paper, followed by the Order Paper. The bill then undergoes a first, second, and third reading, with opportunities for debate and scrutiny. If passed, it proceeds to the other chamber for review. After passing both chambers, the bill receives Royal Assent from the Governor General, becoming law.
The House of Commons is a crucial part of Canada's legislative branch. Most bills originate in the House of Commons, especially those involving taxation or public funds, and they are introduced by members of Parliament. The House debates, reviews, and votes on bills, collaborating with the Senate to reach an agreed-upon version.
The Senate follows a similar legislative process to the House of Commons. It can suggest amendments to bills, sending proposed changes back and forth between the chambers until an agreement is reached. If the Senate adopts a bill without amendment, it informs the House of Commons, and the bill proceeds towards Royal Assent.
Royal Assent is the final stage of the law-making process in Canada's constitutional monarchy. It is granted by the Governor General, who represents the Crown, turning a bill into law. This can be done through a traditional ceremony or by signing the bill.
Canadians can influence the law-making process by signing petitions, meeting with parliamentarians, and sharing their perspectives. Political parties include these ideas in their election platforms, and parliamentarians propose bills based on them. Additionally, regulations provide an avenue for public input, as Canadians can offer comments on proposed regulations published in the Canada Gazette.
