CANADA HISTORY - Parliament

Bill to Act

In the Canadian parliamentary system, the process by which a bill becomes an Act of Parliament is known as the legislative process. This can be a detailed and sometimes lengthy procedure, particularly if the bill is controversial or complex. On the other hand, if the bill is straightforward or non-controversial, there are mechanisms that can be used to expedite its passage.

A bill is essentially a draft law presented for debate and approval by Parliament. Bills can be classified as either government bills or private members’ bills, with government bills comprising the vast majority. A government bill typically originates within a federal government department, where it is developed in response to a policy need or issue. The drafting of such a bill is a collaborative process involving public servants, legal experts, and policy advisors. Once the proposed bill has been finalized, it is reviewed and approved by Cabinet, which is responsible for overseeing the legislative agenda of the government.

Introduction and First Reading

Once Cabinet approval is secured, the Minister responsible for the bill introduces it to the House of Commons, where the formal legislative process begins. The first stage is the First Reading, which is largely procedural. At this stage, the title of the bill is read out, and the bill is printed and distributed to Members of Parliament (MPs). There is no debate or vote on the content of the bill during the first reading—it serves as a formality to allow the bill to be introduced into the legislative pipeline. The bill is then ordered for a second reading at a later date.

Second Reading: The Principle of the Bill

The Second Reading is the first substantive stage of the legislative process. This is where the bill is debated in Parliament, with MPs discussing the broad principles and purpose of the bill, rather than its specific details. The second reading is crucial because it allows Parliament to consider whether the proposed legislation is acceptable in principle. Debate at this stage often focuses on whether the bill addresses the issues it was intended to resolve and whether the general approach of the bill aligns with the policy goals of the government or the expectations of Parliament.

After debate, the bill is put to a vote. If the House of Commons votes in favor of the bill, it proceeds to the committee stage. If the bill is defeated, it is effectively abandoned and will not proceed further in the legislative process.

Committee Stage: Detailed Examination

Once the bill passes second reading, it moves to the Committee Stage for a thorough examination. Bills are generally referred to one of the Standing Committees of the House of Commons, which are specialized bodies composed of MPs who focus on particular policy areas, such as health, finance, or justice. Standing Committees usually consist of about 10 to 12 members, with representation from the major political parties. These committees are tasked with scrutinizing the bill in detail, clause by clause. During this stage, committee members may call upon expert witnesses, hold hearings, and engage in detailed discussions to explore the potential impacts of the bill.

One of the critical aspects of the committee stage is the ability to propose and debate amendments to the bill. These amendments can range from minor technical corrections to significant changes in policy direction. Each proposed amendment is debated and voted upon by the committee members. Amendments that are adopted by the committee are incorporated into the bill and reported back to the House of Commons.

Some types of bills, such as those related to government spending or taxation, are often referred to a Committee of the Whole, which is a special session where the entire House of Commons functions as a committee. In the Committee of the Whole, all MPs may participate in the debate and amendment process, rather than the limited number that would usually sit on a standing committee.

Report Stage: Consideration of Amendments

Once the committee has completed its work, the bill is returned to the House of Commons for the Report Stage. During this stage, the House considers the bill as amended by the committee. MPs who were not part of the committee may now participate in the debate on the changes made. At this point, further amendments can be proposed, debated, and voted on. This provides an opportunity for the House to refine the bill before it reaches its final form. The report stage is also a chance for the entire Parliament to weigh in on any compromises or changes that emerged from the committee’s deliberations.

Third Reading: Final Approval in the House of Commons

After the report stage, the bill proceeds to the Third Reading. At this stage, the bill is debated in its final form, with all amendments incorporated. The focus of the debate is typically broader, considering whether the bill, as a whole, should become law. MPs may discuss the overall merits and implications of the bill, but no further amendments are permitted. Once the debate concludes, the House of Commons holds a final vote. If the bill passes this vote, it is then sent to the Senate for consideration.

The Senate: A Second Review

The bill then enters the Senate, which functions as a chamber of sober second thought. The Senate follows a similar process to that of the House of Commons, with the bill undergoing three readings. The Senate may approve the bill, propose amendments, or reject it. If the Senate makes amendments, the bill is sent back to the House of Commons for approval of those changes. Both chambers must agree on the final version of the bill before it can become law.

While the Senate has the power to reject or delay bills, it rarely blocks government legislation outright. Its role is more focused on refining and improving the legislation through detailed scrutiny. Most bills pass through the Senate with little controversy, though there have been notable exceptions in Canadian history where the Senate has delayed or altered bills significantly.

Royal Assent: The Final Step

Once both the House of Commons and the Senate have approved the bill, it is sent to the Governor General for Royal Assent, the final step in the legislative process. Royal Assent is a ceremonial procedure whereby the Governor General, acting on behalf of the Crown, formally approves the bill, transforming it into an Act of Parliament. Once Royal Assent is granted, the bill becomes law and is enforceable across Canada.

In some cases, certain provisions of the law may take effect immediately upon receiving Royal Assent, while other sections may come into force at a later date, as specified in the bill.

Special Considerations

There are some additional nuances in the Canadian legislative process, particularly regarding money bills (bills related to taxation or public expenditure). These bills must always originate in the House of Commons, as the elected chamber holds the power of the purse. The Senate can review and debate money bills, but it cannot introduce them or amend the provisions related to spending or taxation.

If a bill originates in the Senate, it follows the same process but in reverse order: it is introduced in the Senate, passes through the three readings there, and then moves to the House of Commons. Senate-originated bills are less common but are still part of the legislative landscape, especially for matters related to governance and administration.

Failure to Pass

If at any point during this process the House of Commons and the Senate cannot agree on amendments, or if the bill is defeated in a crucial vote (such as at second or third reading), the bill fails. This means it cannot proceed further and must be reintroduced in a future session or be abandoned altogether.

Conclusion

The legislative process in Canada is designed to provide thorough scrutiny and debate of proposed laws, ensuring that they are carefully considered before becoming Acts of Parliament. This process balances the input of elected MPs in the House of Commons with the sober second thought provided by the appointed Senate, with the ultimate approval granted by the Governor General. Whether a bill passes quickly or faces a lengthy and contested journey, the system reflects the democratic principles of debate, representation, and consensus-building that underpin Canadian parliamentary governance.