Guide to Making Federal Acts and Regulations
Activities and Products in the Parliamentary Process
The following table sets out the steps that a legislative project team must
follow when a bill is going through the parliamentary process. Key activities
and products are indicated for each step.
In some cases, responsibility for a particular product varies depending on
how the sponsoring department is organized. In these cases, the product is
identified without an indication of who is responsible for it.
You should also consult the parliamentary calendar to determine when
Parliament is in session: http://www.parl.gc.ca/information/about/process/house/calendar/calpre-e.htm.
A number of supporting documents are needed during this stage. They should be
prepared well in advance, ideally before this stage begins. They include the
following:
Legislative Support Materials
- clause-by-clause analysis;
- issues papers;
- general Qs and As;
- Minister’s speeches in the House for second reading, report stage and
third reading;
- Minister’s statements before committees of the House and the Senate;
- caucus and opposition briefing decks;
- speeches to be used by supporting government MPs.
- speeches to be used by supporting government senators;
Public and Media Relations Materials
- highlights sheets,
- backgrounders,
- Minister’s press conference remarks,
- media information kits,
- press releases,
- any other necessary communications material.
In the House of Commons
Notice, Introduction and First Reading
Step |
Activities and Products |
Notice of introduction |
Discuss with Legislation and House Planning/Counsel Secretariat
(L&HP/C) of the Privy Council Office the timing of the notice for
introduction. L&HP/C makes arrangements for the notice to be given.
Not needed for bills requiring a ways and means motion. |
Ways and means motion |
Needed for bills that impose or increase taxes. L&HP/C and the
Department of Finance make arrangements for the motion. If a bill requires
a ways and means motion, it cannot be introduced until the motion is
adopted. A bill requiring a ways and means motion must originate in the
House of Commons. It cannot originate in the Senate. |
Royal Recommendation |
A royal recommendation is required if the bill contains any provisions
requiring the expenditure of public money. L&HP/C makes arrangements
for the Governor General to give any required recommendation.
A bill that requires a royal recommendation must originate in the House
of Commons; it cannot originate in the Senate. |
Pre-introduction briefings |
Pre-introduction briefings may be given in exceptional cases. If a
media briefing occurs before the introduction of a bill, effective
measures must be taken to ensure the protection of the information until
the time of introduction. In addition, a similar advance briefing must be
offered to parliamentarians. Any advance briefing of parliamentarians must
be offered to Government and opposition members. |
Introduction and First Reading |
There is no debate or vote at this point. The sponsoring Minister
must be in the House of Commons at this time. If the sponsoring Minister
is unable to be present, another Minister may introduce the bill on the
Minister’s behalf.
If applicable, regional office and program officials keep client groups
advised of all activities and progress. |
Bill summary for lobby |
A one- or two-page summary is made available in both official languages
for use by those wishing to join the debate. Copies of the bill should
also be provided by the Minister’s office to the Government and
opposition lobbies at the time of introduction. |
Information packages and briefings for opposition critics and other
parliamentarians |
Immediately after introduction and first reading, the Minister’s
office sends the information packages to the opposition critics and any
other Members of Parliament identified by the Minister’s office.
The Minister or his/her Legislative Assistant offers briefings to the
Opposition critics. Briefings are conducted by members of the legislative
project team.
All material for distribution must be in both official languages. |
Referral to committee |
A government bill may be referred to a committee before second reading.
A decision to do this will have been discussed by the sponsoring Minister
and the Leader of the Government in the House of Commons earlier in the
process when the strategy for the bill is being established. |
Certification of bill |
Department of Justice examines the bill to determine whether it is
inconsistent with the Canadian Charter of Rights and Freedoms or
the Canadian Bill of Rights. A certificate stating that the bill
has been examined is then sent to the Clerk of the House of Commons and
the Clerk of the Privy Council Office (See "Certification of
Government Bills" in this chapter). The Minister of Justice is
required to report any inconsistency to the House of Commons at the first
convenient opportunity. |
Second Reading (House of Commons)
This stage involves debate on the principle of the bill. No
amendments to the bill are allowed. This stage concludes with a vote.
Step |
Activities and Products |
Support for the Minister |
The Minister may request departmental officials (including members of
the legislative project team) to be available in the government lobby. The
Assistant deputy minister responsible decides which officials will attend.
The departmental legal adviser is usually asked to attend. |
Speeches |
Minister’s legislative assistant usually determines the number of
speeches required. In addition to the Minister’s speech, two to four
speeches of about 10 minutes are usually required at this stage. The
speeches are usually discussed at a speech meeting involving the
communications branch, the legislative project team and the Minister’s
legislative assistant. |
Debate |
Legislative project team members prepare and send an analysis and
highlights of the debate to senior management, program officials,
parliamentary relations officials, the departmental legal adviser and the
Minister’s legislative assistant. This involves
- describing the issues raised and including relevant segments of the
debate;
- preparing a list of questions that flow from these issues;
- reviewing the questions in the context of existing Qs and As.
|
Committee Stage (House of Commons)
A committee of the House studies the bill at this stage. It hears
witnesses and then reviews the bill clause by clause. The committee
may adopt amendments during its clause-by-clause review. When the
review is complete, the committee prepares a report to the House,
including any amendments it has adopted. The committee chair tables
the report in the House.
Step |
Activities and Products |
Preparation |
The Minister’s briefing book should be reviewed and updated as
required after second reading debate. The departmental communications
branch prepares material for an opening statement by the Minister to the
committee. The Minister may also request a briefing from the project team. |
Contact committee clerk |
Contact the committee clerk to find out when committee will review the
bill and who will be appearing as witnesses. Notify the Minister’s
office, senior management, program officials, parliamentary relations
officials and departmental legal adviser of the progress of the bill. |
Information packages to committee clerk |
The legislative project team provides an additional 30+ copies of the
information packages to the committee clerk, either directly or via the
Minister’s office (as directed by the Minister’s legislative
assistant). All material must be provided in both official languages. |
Regulation-making authority
|
If the bill contains regulation-making authority, the departmental
officials should be prepared to answer questions about what regulations
would be made. |
Identifying and assisting departmental witnesses |
The Program ADM decides which program officials will appear as
witnesses before Committee or accompany the Minister or Parliamentary
Secretary.
Legislative project team provides program officials appearing as
witnesses with background material, analysis of debates and additional
questions raised during the debates. Departmental officials are required
to answer questions on technical or complex policy matters, but do not
defend policy or engage in debate on it. |
Potential public witnesses |
Legislative project team prepares a list of potential public witnesses
and their positions on the bill. |
Minister’s appearance |
The Minister or Parliamentary Secretary appears before the committee to
deliver an opening statement and answer questions from committee members.
All statements must be bilingual and written copies are given to the Clerk
of the Committee and to the interpreters. |
Other witnesses |
Witnesses deliver short (five-minute) opening statements and answer
questions from committee members. All statements must be bilingual and
written copies are given to the Clerk of the Committee and to the
interpreters. |
Clause-by-clause review and amendments |
Amendments may not go beyond the principle of the bill as adopted at
second reading. The scope for amendment is greater when a bill is referred
to a committee before second reading.
Government amendments are prepared, or at the very least reviewed, by
the bill drafters and reviewed by jurilinguists and legislative revisors.
- Amendments that are merely technical may be agreed to by the
sponsoring Minister with no need for Cabinet approval.
- Amendments that have an impact on the policy approved by Cabinet or
that raise policy considerations not previously considered by Cabinet
are subject to the same procedure as the initial proposal, namely, the
submission of a Memorandum to Cabinet for consideration by the
original policy Committee of Cabinet and approval by the Cabinet.
- In exceptional cases, urgent major amendments need not follow the
full procedure referred to above, but may be approved by the Prime
Minister and the Chair of the relevant policy committee of Cabinet
together with other interested Ministers.
In the case of amendments requiring policy approval, PCO must be
contacted to make the necessary arrangements.
The Parliamentary Secretary generally proposes Government amendments by
filing them with the committee clerk before clause-by-clause review.
Program officials should be prepared to comment on amendments proposed
by the committee members. They should prepare a written (if time permits)
critique of the proposed amendments, outlining their possible
repercussions. They should also be prepared to explain why they should, or
should not, be adopted. |
Notification of outcome |
Legislative project team notifies the Minister’s office,
Parliamentary Secretary, senior management, program officials, legal
adviser and parliamentary relations officials of the outcome of the
hearing, the clause-by-clause review of the bill and the tabling of the
committee’s report in the House. |
Committee of the whole house |
A committee of the whole is used for appropriation bills and,
exceptionally, for other bills to expedite their passage. Proceedings take
place on the floor of the House. Up to three officials are allowed on the
Commons floor to assist the Minister on factual or technical questions at
the Minister’s request, but they cannot speak in the debate. |
Report Stage (House of Commons)
This stage involves the debate of the bill as amended by
Committee. Further amendments may be proposed.
Step |
Activities and Products |
Notice of amendments |
Notice of amendments must be given in the House of Commons Notice
Paper no later than 6:00 p.m. the night before report stage begins.
Additional amendments cannot be proposed after report stage has begun. |
Government amendments |
Government amendments are drafted or, at the very least, reviewed by
Department of Justice drafters. They may also require Cabinet approval
(see above: "Committee Stage—Clause-by-clause review and
amendments"). |
Notice of amendments |
The legislative project team reviews the daily order paper for notice
of any non-government amendments and, if there are any, the team notifies
the sponsoring Minister’s office, senior management, program officials,
parliamentary relations officials and the departmental legal adviser. |
Responses to amendments |
If there are non-government amendments proposed, the program officials
prepare briefing materials (recommended government position and speaking
notes) on each amendment. Departmental recommendations are forwarded to
the sponsoring Minister’s office. If the Minister wishes to support the
amendment, Cabinet approval may be required (see above: "Committee
Stage—Clause-by-clause review and amendments"). |
Support for Minister |
During report stage, the Minister’s office will usually request the
support of officials in the government lobby. The program ADM decides
which program officials will attend. The legal adviser also attends. If
there are no amendments proposed at this stage, the House proceeds
immediately to third reading after the vote on concurrence in the
committee report. |
Debate and motion for concurrence |
Amendments to the bill as reported are debated and voted on. Then there
is a vote on the motion for concurrence in the bill as reported and
amended.
If the bill is referred to committee before second reading, the debates
at report stage and second reading are combined. |
Interventions |
While speeches as such are not usually required, short statements,
quotes, etc., may be prepared for the Minister or other Government members
wishing to intervene at this point. |
Third Reading (House of Commons)
This stage involves a debate on the bill in its final form. No
amendments to the bill are permitted.
Step |
Activities and Products |
Debate |
Debate may begin no earlier than the next sitting day after the
conclusion of report stage. However, if there are no report stage
amendments, debate may begin immediately. |
Speech |
Although the Minister’s speech is usually about 10 minutes, the
actual length is determined by the Minister’s legislative assistant,
taking into account the complexities of the bill. It is discussed during a
speech meeting organized by officials responsible for preparing the
speech. |
Briefing books |
The legislative project team incorporates into the briefing books any
changes or new information added at second reading, during committee
review or at report stage .
During debate at third reading, the Minister’s office may request the
support of officials in the government lobby. The program ADM decides which program officials attend. The legal adviser also
attends. |
In the Senate
Introduction and First Reading
Step |
Activities and Products |
Sponsoring Senator |
The Leader of the Government in the Senate, in consultation with the
Minister’s office, identifies a sponsoring Senator to introduce the
bill.
Contact the office of the Leader of the Government in the Senate about
briefings for the sponsoring Senator and the committee chair and about
information sessions for opposition senators. |
Briefing books to Senate house leader and sponsoring senator |
Program officials prepare the briefing books and forward them to the
Minister’s office with a covering letter for the Minister’s signature.
This material is provided well before the First Reading in the Senate to
the Leader of the Government in the Senate and to the Senator who sponsors
the bill.
They also prepare a summary of all major arguments raised during the
House of Commons debate for the briefing books and prepare
the speeches for use in the Senate.
Ensure that copies of the bill kits (press release, copy of the bill,
backgrounders) are provided to all senators. |
Brief sponsoring senator |
The Minister’s legislative assistant arranges for program officials
and the legal adviser to brief the sponsoring Senator. |
Introduction |
No notice of introduction is required. L&HP/C makes the
arrangements for introduction in consultation with the office of the
Leader of the Government in the Senate and the sponsoring Minister and
with the approval of the Leader of the Government in the House of Commons. |
First reading |
There is no debate and no vote at this point. |
Second Reading (Senate)
The debate at second reading focuses on the principle of the bill and is
followed by a vote.
Step |
Activities and Products |
Speech for sponsoring senator |
Although usually a 10-minute speech, its actual length is determined by
the Minister’s legislative sssistant, taking into account the
complexities of the bill. It is discussed during a speech meeting
organized by officials responsible for preparing the speech. |
Debate |
The sponsoring Senator may request that program officials be present in
the Senate Gallery. The program ADM decides which
program officials attend. The legal adviser also attends.
The legislative project team monitors the debate and provides a summary
of the opposition’s main arguments to the Minister’s office, the
Parliamentary Secretary, senior management, program officials, the legal
adviser and parliamentary relations officials. The program officials
update the sponsoring Senator’s briefing book. |
Committee Stage (Senate)
A committee of the Senate studies the bill at this stage. It hears
witnesses and then reviews the bill clause by clause. The committee
may adopt amendments during its clause-by-clause review. When the
review is complete, the committee prepares a report to the Senate,
including any amendments it has adopted. The committee chair tables
the report in the Senate.
Step |
Activities and Products |
Preparation |
The briefing books should be revised and updated as required. The
Minister’s opening statement is also revised as required. The Minister
may also request a briefing from the project team. |
Contact committee clerk |
Contact the committee clerk to find out when committee will review the
bill and who will be appearing as witnesses. Notify the Minister’s
office, senior management, program officials, parliamentary relations
officials and the departmental legal adviser of the progress of the bill. |
Information packages to committee clerk |
Forward approximately 20 updated information packages to the committee
clerk for distribution to members. All material must be provided to the
committee clerk in both official languages. |
Identifying and assisting departmental witnesses |
The program ADM decides which program officials
are to appear before committee as witnesses or accompany the Minister (if
he or she attends).
The project team develops an analysis of the debates and an overview of
additional questions raised during the debates and provides them to the
departmental witnesses. |
Minister’s appearance |
The Minister appears before the committee to deliver an opening
statement and answer questions from committee members. All statements must
be bilingual and written copies are given to the committee clerk and to
the interpreters. |
Committee deliberations |
The legislative project team monitors hearings, assists departmental
witnesses and government senators during the committee deliberations and
prepares summary notes to be distributed to the Minister’s office, the
sponsoring senator, senior management, program officials, parliamentary
relations officials and the departmental legal adviser. |
Clause-by-clause review and amendments |
Government amendments are prepared, or at the very least reviewed, by
the Department of Justice drafters.
- Amendments that are merely technical may be agreed to by the
sponsoring Minister with no need for Cabinet approval.
- Except in urgent cases, amendments that have an impact on the policy
approved by Cabinet or that raise policy considerations not previously
considered by Cabinet are subject to the same procedure as the initial
proposal, namely, the submission of a Memorandum to Cabinet for
consideration by the original policy committee of Cabinet and approval
by the Cabinet.
- Urgent major amendments need not follow the full procedure referred
to above, but may be approved by the Prime Minister and the chair of
the relevant policy committee of Cabinet together with other
interested Ministers.
In the case of amendments requiring policy approval, PCO must be
contacted to make the necessary arrangements.
The sponsoring Senator generally proposes Government amendments by
filing them with the committee clerk before clause-by-clause review.
Program officials should be prepared to comment on amendments proposed
by the committee members. They should prepare a written (if time permits)
critique of the proposed amendments, outlining their possible
repercussions and be prepared to explain why they should, or should not,
be adopted. |
Committee of the whole house |
If the bill is referred to a committee of the whole rather than a
standing Senate committee, the Minister will usually be invited to appear
before the Senate committee of the whole in the Senate Chamber. Two
officials will accompany the Minister into the Senate Chamber and the
Minister will give the opening statement. |
Report Stage (Senate)
This stage involves a debate of the bill as amended by committee.
Further amendments may be proposed.
Step |
Activities and Products |
Report stage |
If there are no amendments, the report stands adopted. If there are
amendments, there is a debate and a vote. |
Responses to amendments |
If there are non-government amendments proposed, the program officials
prepare briefing materials (recommended government position and speaking
notes) on each amendment. Departmental recommendations are forwarded to
the sponsoring Minister’s office. If the Minister wishes to support the
amendment, Cabinet approval may be required (see above: "Committee
Stage—Clause-by-clause review and amendments"). |
Third Reading (Senate)
This stage involves a debate on the bill in its final form. Amendments
to the bill are permitted.
Step |
Activities and Products |
Speeches |
A third reading speech is prepared for the sponsoring Senator (usually
10 minutes). |
Debate and vote |
The sponsoring Senator may request that program officials be in the
Senate Gallery while he or she is speaking. The program ADM decides which program officials attend. The legal adviser also
attends.
If the bill receives third reading and has not been amended in the
Senate, it is ready for Royal Assent.
If there have been Senate amendments, the bill is returned to the House
of Commons. The House of Commons can either concur in the amendments or
reject them. If there is no agreement between the two Houses,
representatives of the House of Commons and the Senate may meet to discuss
how to resolve the matter. |
Royal Assent
Step |
Activities and Products |
Timing |
The Leader of the Government in the House of Commons determines the
timing of Royal Assent in consultation with the Leader of the Government
in the Senate and L&HP/C.
Notify the Minister’s office, senior management, program officials,
the legal adviser and parliamentary relations officials of the timing. |
Press release |
The communications branch prepares a press release announcing that the
bill has received Royal Assent. |
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