How a Bill becomes a Law. The basics The process begins when an idea is discussed and approved by the Cabinet, then made into a bill. The process begins.

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Presentation transcript:

How a Bill becomes a Law

The basics The process begins when an idea is discussed and approved by the Cabinet, then made into a bill. The process begins when an idea is discussed and approved by the Cabinet, then made into a bill. This “idea” is proposed to make the lives of Canadians better in hopes that it will pass and be signed This “idea” is proposed to make the lives of Canadians better in hopes that it will pass and be signed

The lawmaking process starts with a bill- a proposal to create a new law or to change an existing one. The lawmaking process starts with a bill- a proposal to create a new law or to change an existing one. Most bills considered by Parliament are public bills (concern matters of the public) Most bills considered by Parliament are public bills (concern matters of the public) ie: taxes and spending ie: taxes and spending Health and other social programs Health and other social programs Defense and the environment Defense and the environment

A bill can be introduced in the House of Commons (C-bills) or the Senate (S-bills) A bill can be introduced in the House of Commons (C-bills) or the Senate (S-bills) Most public bills get their start in the Commons Most public bills get their start in the Commons A bill goes through certain formal stages in each house which include a series of three “readings” during which parliamentarians debate the bill A bill goes through certain formal stages in each house which include a series of three “readings” during which parliamentarians debate the bill There are four (4) things than can be done to a bill There are four (4) things than can be done to a bill 1. Can be passed 1. Can be passed 2. Can be amended 2. Can be amended 3. Can be delayed 3. Can be delayed 4. Can be defeated 4. Can be defeated

How a bill becomes a law at the Federal level Before we begin: the bill is introduced to the House of Commons (308 elected MP’s) Before we begin: the bill is introduced to the House of Commons (308 elected MP’s) First Reading : The bill is “read” for the first time without debate and printed. Members have a chance to read its terms. First Reading : The bill is “read” for the first time without debate and printed. Members have a chance to read its terms. Second Reading : The principle of the bill is debated. The bill is then voted on in the House of Commons and sent to a parliamentary committee. Second Reading : The principle of the bill is debated. The bill is then voted on in the House of Commons and sent to a parliamentary committee.

Committee Stage : A committee hears witnesses, examines the bill in detail, clause by clause, and submits a report with or without amendments. Necessary changes in wording are made. Committee Stage : A committee hears witnesses, examines the bill in detail, clause by clause, and submits a report with or without amendments. Necessary changes in wording are made. Report Stage : Additional amendments to the bill may be moved, debated and voted on. Report Stage : Additional amendments to the bill may be moved, debated and voted on.

Third Reading : The bill is debated a final time and voted on by the House of Commons. It is either accepted or rejected at this stage. Third Reading : The bill is debated a final time and voted on by the House of Commons. It is either accepted or rejected at this stage. Message : The bill is sent to the other House, where the process starts again from first reading. Message : The bill is sent to the other House, where the process starts again from first reading.

The bill is now at the Senate… Once the bill passes through the House of Commons, the process starts over again at the Senate (105 appointed senators) Once the bill passes through the House of Commons, the process starts over again at the Senate (105 appointed senators) First Reading : Bill is introduced by a brief statement and no debate First Reading : Bill is introduced by a brief statement and no debate Second Reading : Reason for bill is explained. The bill is debated on principles, its strengths, weaknesses; may be changed Second Reading : Reason for bill is explained. The bill is debated on principles, its strengths, weaknesses; may be changed

Committee of the Whole (senate): Examines bill clause by clause, makes changes and improvements. Bill is voted on Committee of the Whole (senate): Examines bill clause by clause, makes changes and improvements. Bill is voted on Third Reading : Usually brief debate. Bill is voted on. Senate can stop a bill but rarely does because Senators not elected. May send bill back to the House Third Reading : Usually brief debate. Bill is voted on. Senate can stop a bill but rarely does because Senators not elected. May send bill back to the House

Royal Assent The bill becomes an act of Parliament when the Governor-General gives it Royal Assent by signing it. The bill is now law. The bill becomes an act of Parliament when the Governor-General gives it Royal Assent by signing it. The bill is now law.

What is “Royal Assent”? In this final stage of the legislative process, the three elements of Parliament assemble to take part in the ancient tradition, rich in symbolism, by which a bill becomes law. A representative of the Sovereign, sometimes the Governor General but more often a judge of the Supreme Court of Canada acting as a deputy of the Governor General, enters the Senate chamber and takes a seat on the dais. The senators are in their seats. The Usher of the Black Rod calls members of the House of Commons to the Senate… In this final stage of the legislative process, the three elements of Parliament assemble to take part in the ancient tradition, rich in symbolism, by which a bill becomes law. A representative of the Sovereign, sometimes the Governor General but more often a judge of the Supreme Court of Canada acting as a deputy of the Governor General, enters the Senate chamber and takes a seat on the dais. The senators are in their seats. The Usher of the Black Rod calls members of the House of Commons to the Senate…

Led by their Speaker, the members of the House of Commons gather at the rear of the Senate chamber. The parliamentarians of both houses, by their presence, give witness to the fact that Canadians request of the Sovereign that the bill be made a law and consent to being governed by it. The title of the bill is read aloud, the representative of the Sovereign nods to signify assent, and the bill becomes law… Led by their Speaker, the members of the House of Commons gather at the rear of the Senate chamber. The parliamentarians of both houses, by their presence, give witness to the fact that Canadians request of the Sovereign that the bill be made a law and consent to being governed by it. The title of the bill is read aloud, the representative of the Sovereign nods to signify assent, and the bill becomes law…

A bill that becomes law may come into force on the day of royal assent or on some later day provided for in the bill. The bill is sent to Government House for signature at a later date. The signed original is finally placed in the archives of the Clerk of the Senate who is also the Clerk of the Parliaments. A bill that becomes law may come into force on the day of royal assent or on some later day provided for in the bill. The bill is sent to Government House for signature at a later date. The signed original is finally placed in the archives of the Clerk of the Senate who is also the Clerk of the Parliaments.

Amending legislation The Senate plays a key role in amending bills passed by the House of Commons. Senators have the expertise to put a bill “under the microscope” and examine it in detail, and the Senate timetable is flexible enough to allow longer periods of study. The end product is a more effective and long-lasting piece of legislation. The Senate plays a key role in amending bills passed by the House of Commons. Senators have the expertise to put a bill “under the microscope” and examine it in detail, and the Senate timetable is flexible enough to allow longer periods of study. The end product is a more effective and long-lasting piece of legislation. When a bill is amended, the aspects of the bill usually get closer scrutiny by the government, media, or both. When a bill is amended, the aspects of the bill usually get closer scrutiny by the government, media, or both.

Defeating bills Canada’s constitution gives either house of Parliament the power to defeat proposed legislation sent to it by the other house. Canada’s constitution gives either house of Parliament the power to defeat proposed legislation sent to it by the other house. This is called the “veto” power. This is called the “veto” power. Senators rarely veto a bill as they are not elected Senators rarely veto a bill as they are not elected

Delaying bills The Senate can also delay a bill, or decide not to act on it. The Senate can also delay a bill, or decide not to act on it. Without being formally rejected, a delayed bill dies at the end of the session. Without being formally rejected, a delayed bill dies at the end of the session. In some cases, the Senate can delay a bill in order to give it more careful scrutiny and to draw greater public attention to the issue at hand. In some cases, the Senate can delay a bill in order to give it more careful scrutiny and to draw greater public attention to the issue at hand.

Bills trying to be passed right now Bill: C th Parliament, 2nd Session Tabled by: Linda Duncan, NDP Bill: C th Parliament, 2nd Session Tabled by: Linda Duncan, NDP Tabled on: February 23, 2009 Topic: National Hockey Day Act Description: An Act respecting a National Hockey Day (National Hockey Day Act) Status: First Reading on

Bill: C-6 40th Parliament, 2nd Session Tabled by: Leona Aklukkag, Conservative Bill: C-6 40th Parliament, 2nd Session Tabled by: Leona Aklukkag, Conservative Tabled on: Topic: Canada Consumer Product Safety Act Description: An Act respecting the safety of consumer products (Canada Consumer Product Safety Act) Status: First Reading in the Senate on

Bill: C th Parliament, 2nd Session Tabled by: Pat Martin, NDP Bill: C th Parliament, 2nd Session Tabled by: Pat Martin, NDP Tabled on: Topic: abolition of the cent Description: An Act to amend the Currency Act and the Royal Canadian Mint Act (abolition of the cent) Status: First Reading on

Bill: C-24 40th Parliament, 2nd Session Tabled by: Stockwell Day, Conservative Bill: C-24 40th Parliament, 2nd Session Tabled by: Stockwell Day, Conservative Tabled on: Topic: Peruvian Free Trade Description: An Act to implement the Free Trade Agreement between Canada and the Republic of Peru, the Agreement on the Environment between Canada and the Republic of Peru and the Agreement on Labour Cooperation between Canada and the Republic of Peru (Canada-Peru Free Trade Agreement Implementation Act.) Status: Royal Assent on

Bill: C th Parliament, 2nd Session Tabled by: Mark Hollans, Liberal Bill: C th Parliament, 2nd Session Tabled by: Mark Hollans, Liberal Tabled on: Topic: cruelty to animals Description: An Act to amend the Criminal Code (cruelty to animals) Status: First Reading on