Area of Law: Government and The Justice System
Answer # 726
How a bill becomes a law
Region: Ontario Answer # 726A bill is a proposal to create a new law, or to change or repeal an existing one. It may originate in either the Senate or the House of Commons. The bill is assigned with an “S” followed by a number if it originates in the Senate, or a “C” followed by a number if it comes from the House of Commons. For a bill to become Canadian federal law, it must be approved by both the Senate and the House of Commons and then receive Royal Assent from the Governor General.
Types of bills
There are two types of bills: public bills and private bills.
Public bills: These types of bills deal with matters of national interest and affect the whole country. There are two types of public bills:
- Government bills are introduced by a Cabinet minister, a parliamentary secretary or the Government Representative in the Senate.
- Private members’ bills are introduced by a member of Parliament who is not a minister or a parliamentary secretary.
Private bills: These types of bills are based on a petition signed by the person or organization requesting the bill. These bills grant special powers, benefits or exemptions to a specific person(s) or a corporation rather than to society as a whole.
Steps for a bill to become a law
The process for a bill to become a law involves several stages of debate, review, and voting.
- First Reading: Introduction of the bill
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- Begins in either the House of Commons or the Senate.
- The parliamentarian (member) proposing the bill will introduce it in the parliamentarian’s chamber.
- The bill is not actually read aloud in the chamber; it is made available for parliamentarians and Canadians to read and examine.
- Second Reading: Debating the bill
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- Members debate the principle (or main idea) of the bill, such as how it might affect different groups of people.
- Members then vote on whether the bill is then either approved to proceed or rejected.
- Committee Stage: Hearings and witnesses
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- If approved, the bill is sent to a parliamentary committee for detailed study.
- The committee may hear from witnesses, suggest amendments which are voted on, and hold public hearings where interested individuals and representatives from organizations can comment on the bill.
- Report Stage: Back to the chamber
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- The committee reports back to the chamber where it was introduced with its findings and any proposed amendments.
- Members debate and vote on these amendments and after the bill is finalized, it is ready for third reading.
- Third Reading: Debate and vote
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- Members debate the final form of the bill and vote to decide if it should be sent to the other chamber.
- If the bill is passed by a majority of parliamentarians at third reading in the chamber where it was introduced, it is then sent to the other chamber. If the bill originated in the House of Commons, it is sent to the Senate, and vice versa.
- Passage by the Second Chamber
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- When a bill is sent from one chamber to the other, the bill is read again and goes through the same steps of readings, committee review, and voting
- Any amendments made by the second chamber must be approved by the originating chamber.
- Royal Assent: Becoming a law
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- Once the bill has been approved in identical form, in both official languages, by both the House of Commons and the Senate, it is sent to the Governor General for Royal Assent.
- 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.
- This is the final step in the legislative process, and the bill becomes a law once Royal Assent is granted.
At any step of the legislative process, parliamentarians can choose to stop supporting a bill. If they want further study and discussion, they might vote “yes” at second reading. However, if they do not approve of the final version of the bill, they may then vote “no” at the third reading.
Note that even if a bill is passed and receives Royal Assent it still may not come into effect. The new law will come into effect on a date stipulated in the Act, or on a date to be decided. Many times laws will receive Royal Assent and never come into effect.
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