How a Bill Becomes a Law in the Canadian Parliament
Proposing A Bill:
In Parliament, any member of either the elected House of Commons or the appointed Senate can introduce a bill. However, the majority of the time is spent on bills introduced by the government (Ministers of the Cabinet). Only one hour each day is reserved for the consideration of legislation from those who are not Ministers.
There are two categories of bills presented in Parliament:
- Government bills are public bills and deal with policy issues, such as agriculture and health care. Government bills are always studied and debated by the Cabinet before proceeding to the House of Commons.
- Private bills concern the affairs of a private person or corporation, such as the incorporation of private or charitable companies. Time for consideration of private bills is granted at random. At the beginning of the parliamentary session and at other various times, the names of all private Members who have introduced a bill are drawn from a drum. The order in which the legislation will be discussed and debated are determined by redrawing the previously chosen names.
The Cabinet has the sole responsibility to prepare and introduce bills providing for the expenditure of public money or imposing new taxes. These bills must be introduced in the House of Commons first, but the House will not and does not have the power to recommend an increase in taxes or expenditures without a royal recommendation. The Senate, also, does not have the power to make increases on these two matters. However, any member of the House or Senate can move to decrease a tax or expenditure.
The legislative process for a bill to become a law is the same, regardless of the chamber in which it originates. In the scenario described below, the bill originates in the House of Commons.
Introducing a Bill:
A Cabinet Minister or member proposing the bill moves for the House's "leave" to introduce it; automatic approval is given without debate or a vote. Only the title of the bill is read.
First Reading:
The Speaker of the House of Commons proposed for the bill to be read and printed. Again, this is immediately grated without debate or vote. The bill is given a number, printed and distributed to all members. From this point, the bill can follow one of two paths:
- The bill immediately can be debated and voted at a second reading in the House of Commons.
- The bill is sent to a standing committee in the House of Commons.
Second Reading:
When a motion is made for a second reading, members have limited debate on the principle of the bill. The second reading can occur before or after the bill is sent to committee for further discussion. If the bill withstands the debate and is passed before going to a committee, its principles cannot be changed by members of the committee.
Committee Stage:
The committee, comprised of 7 to 15 members, will hear witnesses and review the bill clause by clause. Each clause must be approved and passed by the committee.
- If the bill is being reviewed prior to the second reading, any member of the committee may add amendments to the principles and specific provisions of the bill.
- If it is being reviewed after the second reading, changes may be made to clauses or specific provisions of the bill since the principles have already been accepted.
After all changes and additions have been composed, the bill will be reported by the chairperson of the committee to the full House.
Report Stage:
Following the committee's report of the bill to the House, members may add amendments to the various clauses. Again, there are different paths the bill can take depending on whether it has gone through the second reading.
- If the bill is being reported prior to the second reading, there will be a debate held on amendments proposed by the House. If no amendments are proposed at this stage, the bill, as reported by the committee, will be voted on and read a second time. Afterwards, there is no debate, and if the bill is approved it is ready for the third reading.
- If the bill is being reported after the second reading, the House will debate and vote on amendments proposed by members at the report stage. No debate will take place on amendments added by the committee unless a member proposes a change to modify something proposed by the committee. If the motion to accept the bill passes, the bill will continue to the third reading.
Third Reading:
Once the amendments have been passed or rejected, the bill goes into its third reading. This is the last chance for members to debate the bill. The bill must be accepted or rejected as is; no further additions or deletions are allowed. If this motion carries, the bill will proceed to the Senate and follow the same legislative process.
The Senate:
If the bill is adopted in the same form by the Senate, the House is notified and the bill is ready for Royal Assent. If the bill is amended in any form, the House is informed of the changes in writing. Members of the House will discuss the amendments, and vote on any changes the Senate made. If the modifications are not acceptable to the House, it may become necessary for a joint committee between the two chambers to be created to review the legislation and reach a solution.
Royal Assent:
Once a bill is approved by both chambers in identical forms, it is ready for the Governor General's approval known as Royal Assent. Assent has never been denied on a federal bill. After Royal Assent has been granted, the bill is officially a law.
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