Keith Mack
Canada's legislative process involves all three parts of Parliament: the House of Commons, the Senate, and the Monarch. The Constitution is the highest law in Canada, and all other laws must be consistent with it to be valid. Canada's system of responsible parliamentary government is based on the rule of law, and law-making authority is subject to a number of constraints. The Cabinet Directive on Regulation is the Government of Canada's regulatory policy framework, which lays out the rules and requirements that regulators must follow when developing and implementing regulations. The Canadian Securities Administrators (CSA) is a non-profit organization that brings together all provincial and territorial securities regulators in Canada. The primary sources of regulatory law in Canada are federal and provincial laws and regulations, as well as regulatory guidance published by financial regulators.
| Characteristics | Values |
|---|---|
| Type of State | Federal |
| Primary Source of Law | The Constitution |
| Legislative Process | Involves three parts of Parliament: the House of Commons, the Senate, and the Monarch |
| Law-Making Authority | Parliament and provincial legislatures |
| Regulatory Powers | Delegated by Parliament to Cabinet, a person, or a body |
| Regulatory Guidance | Published by financial regulators |
| Federal Regulations | Consolidated Regulations of Canada, 1978 |
| Amendments | Published in the Canada Gazette Part II |
| Official Online Source for Federal Legislation | Justice Laws Canada |
| Free Database of Current Consolidated Statutes | CanLII |
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What You'll Learn
The Constitution
Canada is a federal state, with federal and provincial governments sharing governing and law-making powers. These powers are enumerated in sections 91 and 92 of the Constitution. The Constitution is the highest law in Canada, and all other laws must be consistent with it to be valid. It defines and limits legislative authority (who makes the law), executive authority (who enforces the laws), and judicial power (who interprets the law). It also outlines the rights and freedoms of Canadian citizens.
The Canadian Constitution also includes provisions relating to the judicial branch of government, composed of federally appointed judges. The judiciary must interpret and apply the law and the Constitution and give impartial judgments in all cases, whether they involve public law (such as criminal cases) or private law (such as contractual disputes). The Constitution only provides for federally appointed judges, while provincial judges are appointed under provincial laws.
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Federal and provincial laws
Canada is a federal state with two levels of government: federal and provincial. Each level has full legislative power over matters within its jurisdiction. The Constitution is the highest law in Canada, and all other laws must be consistent with it to be valid. The Constitution defines and limits legislative authority, executive authority, judicial power, and the rights and freedoms of Canadian citizens. It also provides a legal framework for making laws, including rules requiring the bilingual publication of Acts and governing the procedures of Parliament and the provincial legislative assemblies.
The federal government regulates matters that extend across Canada, such as banking, criminal law, and immigration and refugee law. Federal laws are made by Parliament and must pass three readings in the House of Commons and three readings in the Senate before receiving Royal Assent and becoming official. The Canada Gazette is the official newspaper of the Government of Canada, where federal laws are published.
The provincial government regulates local matters such as education, human rights, and inheritance law. Provincial laws are made by the provincial legislature and must pass three readings in the Legislature. Like federal laws, provincial laws may also require Royal Assent to come into force.
The Canadian legal system respects individual rights and ensures an orderly society. Indigenous customs and traditions have contributed to alternative approaches to justice, such as restorative justice. The Supreme Court of Canada is the highest court and final arbiter, interpreting laws and striking down Acts of Parliament that violate the Constitution.
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Regulatory processes
The Canadian legislative process involves the House of Commons, the Senate, and the Monarch (represented by the Governor General). The government develops proposed policies, which are then presented to the Cabinet for approval to draft a new bill. The Cabinet is a forum for creating consensus among the government's ministers, and it is here that the decision is made to address a matter through a bill or regulation. The sponsoring minister must show that a legislative proposal is the most appropriate course of action and that there are no other effective ways to achieve the policy objectives.
Once approved by the Cabinet, the Department of Justice drafts the bill in collaboration with the relevant government department's or agency's policy development and legal services teams. The bill is then introduced in either the House of Commons or the Senate. The legislative process is supported by the Privy Council Office, which coordinates and sets priorities among proposals for bills from different departments. A committee of the Cabinet, called the Special Committee of Council, and then the full Cabinet review issues requiring decisions by the whole Cabinet.
After a bill is passed by Parliament, it becomes law. However, regulations made under delegated authority are referred to as subordinate legislation. Parliament may delegate regulatory authority to the Cabinet (represented by the Governor in Council), a person (such as a Minister of the Crown), or a body (such as the Atomic Energy Control Board). The final regulations are published in the Canada Gazette, Part II, and come into force on the day(s) set out therein.
In terms of financial services law, both federal and provincial laws and regulations play a role, as well as regulatory guidance published by financial regulators. Banks are federally regulated under the Bank Act, while insurance companies are regulated by both federal and provincial governments. Most other financial services, including securities law matters, are provincially regulated. Prudential regulators, such as the Office of the Superintendent of Financial Institutions, adopt a regulatory approach based on principles rather than prescriptive rules.
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The legislative process
There are two main types of bills: public and private. Most bills considered by the House of Commons are public bills, which deal with matters of national interest. Private bills, on the other hand, aim to grant special powers, benefits, or exemptions to individuals or corporations. Public bills can be further categorized into government bills, which are introduced by a Cabinet minister, and private members' bills, which rarely get beyond the first reading as they do not reflect government priorities.
- Introduction and First Reading: A brief explanation or summary of the bill may be provided without debate.
- Second Reading and Committee Referral: Members debate the bill's principles, after which it is referred to a committee.
- Committee Consideration: The committee studies the bill, invites witnesses, conducts a clause-by-clause review, proposes amendments, and reports the bill back to the House.
- Report Stage: Members may propose further amendments, and debate focuses on these changes.
- Third Reading and Adoption: The debate centers on the final version of the bill, followed by a vote.
- Senate Consideration: The bill is reviewed by the Senate, which may suggest amendments. If the Senate adopts the bill without amendment, a message is sent to the House of Commons, and the bill proceeds to the next stage.
- Royal Assent: Once both Houses have passed the bill in identical form, it is presented to the Governor General for Royal Assent. This can be granted by a nod during a traditional ceremony or by the Governor General signing the bill. After Royal Assent, the bill becomes an Act and comes into force, either immediately or on a specified date.
It is important to note that regulations are not made by Parliament but by persons or bodies authorized by Parliament, such as the Governor in Council or a Minister. The relevant organizations conduct stakeholder engagement, seek views on policy approaches, and refine regulatory proposals based on feedback. The Department of Justice then drafts the regulations, which are reviewed and approved by the Minister or the Treasury Board before being published in the Canada Gazette.
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Regulatory bodies
Canada's system of responsible parliamentary government is based on the rule of law. This means that laws must be made in conformity with the Constitution, which is the highest law in Canada. The Constitution defines and limits legislative authority, executive authority, judicial power, and the rights and freedoms of Canadian citizens. It contains several documents, including the Canadian Charter of Rights and Freedoms.
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, which is the Prime Minister's forum for creating consensus among the Government's Ministers, has the authority to delegate regulatory powers to a person, such as a Minister of the Crown, or a body, such as the Atomic Energy Control Board. The Cabinet Directive on Regulation is the Government of Canada's overarching regulatory policy framework, laying out the rules and requirements that regulators must follow when developing and implementing regulations. It ensures that regulations promote innovation and economic growth while protecting the health, safety, security, social and economic well-being of Canadians, and the environment.
The Treasury Board of Canada Secretariat supports the federal regulatory system and the Cabinet Directive on Regulation. The President of the Treasury Board reports regularly to Parliament and the Canadian public on key regulatory initiatives, helping to communicate the intended benefits of the regulatory system and highlight efforts to limit the burden on Canadian businesses.
The Canadian Securities Administrators (CSA) is a non-profit organisation that brings together all provincial and territorial securities regulators in Canada. Securities laws seek to protect prospective investors by ensuring that investment product dealers are registered and that investors receive sufficient disclosures. Prudential regulators, such as the Office of the Superintendent of Financial Institutions (OSFI), have an interest in ensuring the sound financial management of financial institutions, achieved through publishing guidelines and advisories.
There are several sources for accessing Canadian federal and provincial regulations. The official online source for federal legislation is Justice Laws Canada, which includes consolidated statutes and regulations from 2003 and 2006, respectively. The Canadian Legal Information Institute (CanLII) is a free database of current consolidated statutes, regulations, and case law for Canadian jurisdictions. Lexis and Westlaw are also sources of federal and provincial statutes and regulations.
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Frequently asked questions
The Constitution is the highest law in Canada, and all other laws must be consistent with it to be valid. Federal and provincial governments share governing and law-making powers.
The Constitution defines and limits legislative authority (who makes the law), executive authority (who enforces the laws), judicial power (who interprets the law), and the rights and freedoms of Canadian citizens. It also includes the Canadian Charter of Rights and Freedoms, which defines Canadians' rights and freedoms with respect to speech, religion, democratic rights, mobility rights, equality rights, and language rights.
Canada's legislative process involves all three parts of Parliament: the House of Commons, the Senate, and the Monarch (represented by the Governor General). Proposed policies are developed by the Government and presented to Cabinet for approval to draft a new bill. The Department of Justice then drafts the bill in collaboration with the relevant government department's or agency's policy development and legal services teams. The bill is then introduced in either the House of Commons or the Senate.
The Cabinet Directive on Regulation is the Government of Canada's overarching regulatory policy framework. It lays out the rules and requirements that regulators must follow when developing and implementing regulations. The Cabinet reviews issues requiring decisions as a whole and makes decisions on addressing matters through a bill or regulation.
Canada's regulatory laws govern a wide range of areas, including financial services, securities, and insurance. For example, banks are federally regulated under the Bank Act, while insurance companies are regulated by both federal and provincial governments. Canada's regulatory system also includes laws related to health, safety, the environment, and the social and economic well-being of Canadians.
