Cecily Zamora
Canada is a parliamentary democracy, and its laws are proposed and passed through a collaborative effort between the House of Commons (elected, lower Chamber), the Senate (appointed, upper Chamber), and the Monarch (Head of State, represented by the Governor General in Canada). While most bills are first introduced in the House of Commons, they may also originate in the Senate. Bills can be proposed by the government or by parliamentarians who are not part of the government. Once a bill has been introduced, it goes through a series of steps, including debate, review, and voting, before becoming a law.
| Characteristics | Values |
|---|---|
| How a bill becomes a law | A bill must be approved in identical form by both houses of Parliament, the Senate and the House of Commons. It then goes to the Governor General for Royal Assent and becomes Canadian law. |
| Who can propose a bill | A bill can be proposed by the Cabinet, which is composed of the Prime Minister and other ministers, and assisted by parliamentary secretaries. An MP who is not a member of the Cabinet or a parliamentary secretary can also propose a bill. |
| Where is a bill introduced | A bill is introduced in either the Senate or the House of Commons. |
| Who drafts the bill | The Department of Justice drafts the bill following instructions given by the Cabinet. |
| Who approves the bill | The Governor General or another designated representative of the Crown is required to approve a bill for it to become a law. |
| Who reviews and amends the bill | A committee reviews and votes on a bill, and members can propose amendments. |
| Who decides the framework of the bill | The bill should establish a framework that limits the scope of regulation-making powers to matters that are best left to subordinate law-making delegates and processes. |
| Who decides the language of the bill | The bill must be expressed in both official languages of Canada. |
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What You'll Learn
The role of the House of Commons
Canada is a parliamentary democracy, with a system of government based on laws. The House of Commons is the elected, lower chamber of the Canadian Parliament. It plays a crucial role in the legislative process, which is one of the most significant responsibilities of Parliament.
Most public bills are first introduced in the House of Commons, although they may also originate in the Senate. Bills involving taxation or public funds must be introduced in the House of Commons and receive government approval. Once a bill is introduced in the House of Commons, it undergoes a series of steps to ensure that its purpose and effects are carefully considered, and Canadians are informed and consulted.
The legislative process starts with the proposal, formulation, and drafting of a bill. In the case of government bills, the Department of Justice drafts the bill following instructions from the Cabinet. The Cabinet, 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 introduced to the House of Commons.
After the bill is introduced, it proceeds to the first reading, which is the initial step in its progress through Parliament. The bill is made available for parliamentarians and Canadians to read and examine. The second stage involves debate and a vote to decide whether the bill should be studied further. If the bill passes, it is sent to a committee, which may suggest changes. The committee reviews the text of the bill and can approve or modify it. The minister or member sponsoring the bill may be invited to present their views and answer questions.
Following the committee stage, the bill proceeds to the report stage, where members may propose amendments. Once agreed upon, the bill is ready for the third reading, the final stage of review. Members have a final opportunity to debate and vote on the bill before it is sent to the other chamber of Parliament.
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The role of the Senate
Canada's parliamentary system is bicameral, meaning it has two chambers: the Senate and the House of Commons. The Senate is the upper chamber of Parliament, constituted by 105 appointed senators who represent Canada's provinces and territories. Senators are not elected and may hold their seats until they reach the mandatory retirement age of 75. They are often not affiliated with a political party, choosing to sit as independents or join a parliamentary group.
The Senate plays a crucial role in the legislative process, acting as a complementary body to the elected House of Commons. Senators introduce, debate, and pass bills, which are then sent to the House of Commons for review. Senators also review bills they receive from the House of Commons, participating in debates and proposing amendments. The Senate can approve a bill without changes, suggest amendments, or reject it entirely.
Senators also serve on committees, which study issues of public concern, such as mental health, aging, mass media, and gender equality. These committees produce reports with observations and recommendations that can lead to changes in federal laws or policies. Additionally, senators hear evidence from witnesses and review bills section by section, ensuring that different regional perspectives are considered when making decisions.
Overall, the Senate's role is to provide a "sober second thought" on proposed bills and represent regional and minority interests and groups who may be underrepresented in the elected chamber.
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The role of the Monarch
Canada is a constitutional monarchy, and the Monarch is the Head of State. The Monarch is represented by the Governor General in Canada, who is a symbolic representation of the Crown. The Governor General grants Royal Assent, which is required for a bill to become a law. This is the final step in the legislative process, after a bill has been passed by both the Senate and the House of Commons in identical form.
The Monarch, through the Governor General, has the power to assent or refuse assent to a bill. In Canada, Royal Assent has never been refused to a federal bill. The Governor General may grant Royal Assent by signing the bill or with a traditional ceremony involving a nod of the head.
The Monarch, as Head of State, is one of the three parts of Parliament that work together to create new laws. The other two parts are the House of Commons and the Senate. While the Monarch is at the apex, represented by the Governor General, the legislative process involves all three parts.
The Monarch's role in the legislative process is crucial, as it provides a check on the law-making powers of the other two parts of Parliament. The legislative process in Canada is designed to ensure that the purpose and effects of bills are carefully considered, and that Canadians are consulted and informed. The Monarch's role in granting Royal Assent ensures that a bill has undergone sufficient scrutiny and debate before becoming law.
In addition to the Monarch's role in the legislative process, the Governor General also has other responsibilities. For example, the Governor General may be involved in the approval of regulations. The Governor in Council is typically authorized to make regulations, and the Governor General may review and approve draft regulations for publication.
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How a bill becomes law
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 include these ideas in their election platforms.
A bill is a proposed law that is introduced in either the Senate or the House of Commons. Bills can come from the government or from parliamentarians not part of the government. 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 and receive government approval.
Once a bill is introduced in Parliament, it goes through a series of steps designed to ensure that its purpose and effects are carefully considered and that Canadians are consulted and informed. This is known as the legislative process.
The bill is then printed in its first reading form, often with explanatory notes. The main principle and purpose of the bill are debated. If passed, the bill is then referred to a committee for further study. In some instances, a bill may be referred to the committee before receiving a second reading. Committee members study the bill clause by clause and may suggest amendments.
After the committee reports the bill to the House, it is ready for the third reading. Most bills are referred to a standing committee, but the House may also choose to refer a bill to a legislative committee. The role of the committee is to review the text of the bill and approve or modify it. It is at this stage that the minister or member sponsoring the bill, as well as witnesses, may be invited to appear before the committee to present their views and answer members' questions.
Once the motion for third reading has been adopted, the bill is sent to the second House, where it must pass through the same stages. The Senate may amend, delay, or refuse to pass bills, although traditionally, most bills are passed. Any amendments made by the second House must be agreed to by the first House, or the bill will not become law.
Once a bill has passed through both Houses in identical form, it goes to the Governor General for Royal Assent and becomes Canadian law. 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 legislative process
Canada is a parliamentary democracy, and each level of government—federal, provincial, and municipal—has the power to create laws that govern different aspects of society. The legislative process in Canada involves all three parts of Parliament: the House of Commons, the Senate, and the Monarch (represented by the Governor General).
Ideas for new laws often come from outside Parliament, with Canadians indicating what they want to change through petitions, meetings with parliamentarians, and sharing their perspectives. Political parties include these ideas in their election platforms, and parliamentarians bring them into Parliament by writing them down as bills (proposed laws).
A bill can be introduced in either the Senate or the House of Commons by a parliamentarian (a senator or a member of Parliament). Bills can be proposed by the government or by parliamentarians not part of the government. Government bills are introduced by a Cabinet minister, a parliamentary secretary, or the Government Representative in the Senate.
Once a bill is introduced in Parliament, it goes through a series of steps to ensure its purpose and effects are carefully considered, and Canadians are consulted and informed. This includes debate, review, and voting. After the first reading, the bill is sent to a committee, which studies it in-depth and may suggest changes. The committee's role is to review the text of the bill and approve or modify it. The minister or member sponsoring the bill may be invited to appear before the committee to present their views and answer questions.
After the committee stage, the bill proceeds to the report stage, where members can propose amendments. Amendments trigger a debate on the specifics of the amendments but not the bill in its entirety. Once agreed upon, the bill is ready for the third reading, the final stage of review for new legislation. Members have a final opportunity to debate and vote on the bill before it is sent to the other Chamber, 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 and becomes Canadian law. Royal Assent may be granted by a nod of the head in a traditional ceremony or by the Governor General signing the bill.
In addition to the legislative process, there are other avenues to achieving governmental policy objectives, such as agreements, guidelines, and programs for providing services, benefits, or information. Regulatory proposals are developed by the Department of Justice, reviewed and approved by the Minister or Treasury Board, and published in the Canada Gazette for public comment.
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Frequently asked questions
Laws in Canada are proposed by the government or parliamentarians not in the government. Ideas for new laws often come from outside of Parliament, with Canadians indicating 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 a law has been proposed, it is introduced in Parliament in the form of a bill. Most bills are first introduced in the House of Commons, but they may also be introduced in the Senate first. Bills are then debated, reviewed, and voted on. If a bill passes, it is sent to a committee, which studies it in depth and may suggest changes. The bill then goes back for a final debate and vote, based on the committee's report. If the bill passes the vote, it is sent to the other chamber, 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 and becomes Canadian law.
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 Department of Justice drafts the bill following instructions given by the Cabinet. The Department of Justice also develops draft regulations in accordance with the written instructions provided by relevant organisations.
