Part 2 - Making Acts
Chapter 2.4 - Parliamentary Process
- Overview: This section supplements section 5 of the "Cabinet Directive on Law-making." It follows the progress of a bill from its introduction in Parliament through to Royal Assent and describes the supporting materials that have to be ready at each stage.
Additional information about the parliamentary process can be found in:- Précis of Procedure, published by the House of Commons (replaced by Compendium of Procedure)
- Rules of the Senate, published by the Senate
- In this Chapter
- Summary of the Parliamentary Process
- Certification of Government Bills
- Activities and Products in the Parliamentary Process
- Audience
- Officials responsible for assisting in the progress of the bill through the House of Commons and the Senate.
- Those who prepare briefing materials for use in Parliament or attend briefing sessions.
- Key Messages
- Once a bill has been printed and is submitted to Parliament for consideration, there is still a significant amount of work for departmental officials to do—briefing materials, speaking notes, news releases, advice on proposed amendments, etc.
- Preparation of some of these products can be completed while the bill was being drafted.
- The time it takes to complete these tasks should be factored into the project planning schedule.
Summary of the Parliamentary Process
A bill must pass through a series of parliamentary stages before it becomes law. These stages begin with the introduction of the bill in either the Senate or the House of Commons. Once introduced, the bill is studied, debated and adopted in that House. It is then introduced in the other House, where it is again studied, debated, and adopted. The final stage is Royal Assent.
The House of Commons and Senate sit for approximately 26 weeks or 130 days during a calendar year. However, some of these days are allotted to consideration of the Estimates, the Address in Reply to the Speech from the Throne, and budget debates. This leaves approximately 100 days to consider Government bills.
The timing of each parliamentary stage is determined by the Leader of the Government in the House of Commons in consultation with the sponsoring Minister. The main stages in each House are:
- Introduction and First Reading
- Second Reading
- Committee Study
- Report Stage
- Third Reading.
Passage in the House of Commons
Most Government bills are first introduced in the House of Commons. However, a Government bill may be first introduced in the Senate if it does not impose or increase taxes and does not provide for the spending of public money.
Introduction
To introduce a public bill in the House of Commons, a Minister must give 48 hours written notice. The Legislation and House Planning/Counsel/Counsel Secretariat (L&HP/C) with the office of the Leader of the Government in the House of Commons arranges for this notice to be given by including the title of the bill in the House of Commons Order Paper. Introduction by a Government Minister then takes place automatically without debate. The Minister introducing the bill does not speak at this time.
Royal Recommendation
Bills that involve expenditure of public money must be introduced first in the House of Commons (rather than the Senate) and they must be "recommended" by the Crown before they are introduced. The L&HP/C staff obtain a royal recommendation from the Governor General or a Deputy of the Governor General (a judge of the Supreme Court of Canada).
When a royal recommendation is required for a bill, it is communicated to the House of Commons before the bill is introduced and is included on the Order Paper. After the bill has received first reading, the recommendation is printed in The Journals and included on Page 1a of the First Reading Print. The recommendation is worded as follows:
His or Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled "(long title of the bill)."
Briefings
Government bills are not made public until introduced and, therefore, briefings of parliamentarians and the media on bills follow introduction. However, pre-introduction briefings of parliamentarians and the media may be appropriate in exceptional cases, such as with particularly important or complex legislation.
If a media briefing occurs before the introduction of a bill, effective measures (such as an embargo or a lock-up) must be taken to ensure the protection of the information until the time of introduction and a similar advance briefing must be offered to parliamentarians. The briefing of parliamentarians may take place before or at the same time as the media briefing, but not after. Any pre-introduction briefing of parliamentarians must be offered both to Government and opposition members.
Immediately after introduction, a sufficient number of copies of the bill should be made available for parliamentarians and the media. These principles also apply if a Government bill is first introduced in the Senate.
Ways and Means Motion
A ways and means motion must be adopted by the House of Commons before the introduction of a bill that would impose or increase taxes. Like expenditure bills, these bills must also be introduced first in the House of Commons (rather than the Senate).
First Reading
First reading follows immediately after introduction and is also adopted automatically without debate. Following that, the Speaker asks:
When shall the bill be read a second time?
The response to which is:
At the next sitting of the House.
This formality allows the bill to be placed on the Order Paper for second reading.
Second Reading
Second reading is the first substantive stage in Parliament's consideration of a bill. The principle and object of the bill are debated and either accepted or rejected. The clauses of the bill are not discussed in detail at this stage.
Three types of amendments may be proposed to the motion to read the bill a second time:
- the six months' hoist: "That Bill [number and title] be not now read a second time but that it be read a second time this day six months hence";
- the reasoned amendment, which expresses specific reasons for opposing second reading;
- an amendment to refer the subject matter to a committee before the principle of the bill is approved.
Committee Stage
The Standing Orders of the House of Commons provide that a bill be read twice and then referred to a committee. Bills based on supply motions are referred to a committee of the whole; other types of bills are referred to a standing, special or legislative committee specified in the motion for second reading. The committee then considers the bill clause by clause. Amendments to the text of the bill are considered at this stage.
Before beginning clause-by-clause study, the committee usually invites the sponsoring Minister to appear before it. The committee may also hear witnesses, including departmental officials, on technical matters. Amendments in committee must be in keeping with the principle of the bill as agreed to at second reading in the House. Generally, the committee may make amendments to any part of a bill (for example, the title, preamble, clauses and schedules). Clauses and schedules may be omitted and new ones added. However, amendments requiring a royal recommendation must be done at report stage. After a committee has completed its consideration of a bill, it orders that the bill be reported to the House.
Report Stage
The Standing Orders require that every bill examined and reported by a committee be considered by the House at report stage. Except for those bills considered in Committee of the Whole, report stage cannot begin sooner than the second sitting day after the bill has been reported unless the House orders otherwise. Motions in amendment at this stage must be filed not later than the sitting day prior to the beginning of consideration and placed on the Notice Paper. Those with financial implications require a Royal Recommendation, which must also comply with this notice requirement. Ministers of the Crown may, without notice, propose amendments that address only the form of government bills. Once report stage has begun, no further motions in amendment may be introduced.
The Speaker may select and group proposed amendments for debate and may also rule on whether each motion should be voted on separately or as part of a group. This decision is made at the beginning of report stage, at which time the Speaker may also indicate the amendments he or she considers procedurally dubious. Normally, the Speaker will not select for debate at report stage any motion in amendment that was introduced in similar form and rejected previously at the committee stage.
It should be noted that in 2001 the House of Commons and its Speaker placed new and stricter limits on the acceptability of report stage amendments. As a result of procedural changes, the Speaker is also unlikely to select amendments, including those proposed by the Government that could have been proposed at the committee stage.
When deliberations at report stage are concluded, a motion is moved that the bill (with any amendments) be concurred in. The question is put immediately, without amendment or debate. If no amendments are put down for consideration at report stage, this stage becomes more of a formality, and report and third reading stages may then occur on the same day.
Alternative Procedure—Committee Stage Before Second Reading
Tradition dictates that the adoption of the motion for second reading of a bill defines the principle contained in the bill and therefore limits the scope of the amendments that may be made to the bill in committee and at report stage. By referring a bill to committee before the principle has been adopted by the House, the House can give itself more flexibility to review and fine-tune the legislation. In recognition of this, some of the new Standing Orders adopted in February 1994 defined procedures by which the House could refer a bill to a committee for detailed examination before second reading.
A Minister wishing to have a Government bill referred to a committee before second reading will propose a motion that the bill be referred to a committee. This is done immediately after the reading of the Order of the Day for second reading and after notifying representatives of the opposition parties. Under the rules of the House, there may be up to three hours of debate on the motion. The motion is not amendable and there is a specific speaking order for Members of the different parties. At the end of three hours, or when no other Member rises to speak, the Speaker will put the question to the House. If the motion is adopted, the bill will be referred to committee for study.
Generally speaking, the committee will conduct its clause-by-clause examination of the bill subject to the same rules and procedures governing the committee study of bills after second reading. However, the scope of amendments that can be made to the bill is much wider. At the conclusion of its study, the committee will report the bill to the House, with or without amendments. The report stage of this bill cannot be taken up until three sitting days after the bill is reported to the House.
When the bill is reported back to the House, what follows is essentially a combined report and second reading stage. The procedures for dealing with amendments are the same as those for report stage after second reading. However, while Members of the House can offer amendments to the legislation, notice of amendments to be proposed at report stage must be given in writing two sitting days before the bill is to be taken up. When the bill has been concurred in and read a second time, it will be set down for third reading and passage at the next sitting of the House.
Third Reading
At third reading the House decides whether to adopt the bill.
The same types of amendments as may be proposed at second reading may also be proposed at third reading; that is, the six months' hoist and the reasoned amendment.
In addition, an amendment may be proposed to refer the bill back to committee to be further amended in a specific area or to reconsider a certain clause or clauses.
Passage by the Senate
After a bill has been passed by the House of Commons, a message is sent to the Senate requesting that the bill be passed by the Upper Chamber, where procedures for passage of a bill are similar to those in the House. However, there are some important differences:
- notice of introduction is not required for bills;
- bills are only referred to committee after second reading;
- bills can be amended at third reading.
If the Senate passes the bill without any amendment, a message to that effect is sent to inform the House of Commons.
If there are amendments to the bill, the Senate communicates this to the House by message. In the House, a 24 hour written notice is required for any motion respecting Senate amendments to a bill. Consideration of Senate amendments appears on the Orders of the Day and proceeds under a motion moved by the sponsor of the bill, as follows: "That the amendments made by the Senate to Bill ..., be now read a second time and concurred in". If the House agrees to the Senate amendments, a message is sent informing the Senate accordingly, and the bill is returned to the Senate for Royal Assent.
If the House does not agree to the Senate amendments, it adopts a motion stating the reasons for its disagreement, which it communicates to the Senate. If the Senate wishes the amendments to stand nonetheless, it sends a message to this effect to the House, which then accepts or rejects them. If it decides to reject them, the House may adopt a motion requesting a conference between the two Houses, where their respective representatives attempt to resolve the impasse.
Royal Assent
The Constitution Act, 1867 states that the approval of the Crown, signified by Royal Assent, is required for any bill to become law after passage by both Houses. Royal Assent brings together the three constituent parts of Parliament: the Crown (represented by the Governor General), the Senate, and the House of Commons. Although the Governor General in person may give Royal Assent to major pieces of legislation and at prorogation, a Deputy of the Governor General in the person of a Judge of the Supreme Court may represent the Governor General at other times.
The timing of Royal Assent is arranged by the Leader of the Government in the House of Commons in consultation with the Leader of the Government in the Senate. Royal Assent is generally held before an adjournment or prorogation or when a bill of particular urgency requires assent.
In the ceremony for Royal Assent the Senate Clerk, officially styled Clerk of the Parliaments, reads the short titles of the bill or bills to be approved. The formula of assent is then pronounced by the Senate Clerk on behalf of the Crown's representative. If supply bills are to receive assent, the Commons' Speaker addresses the Crown's representative according to an established formula and presents a copy of each bill to the Senate Clerk Assistant. The Clerk of the Parliaments, in the name of the Sovereign, then thanks the House for its loyalty and benevolence and announces the Royal Assent. At the conclusion of the ceremony, the Speaker returns to the House and reports what has just occurred. The proceeding usually takes 15 or 20 minutes, after which the House resumes the business interrupted by the arrival of the Usher of the Senate or adjourns the sitting.
Other Procedures
The previous discussion has described the traditional parliamentary process and one of its variants. (See in this chapter Alternative Procedure—Committee stage Before Second Reading). However, a number of other methods have been developed for the parliamentary consideration of bills. Some have been prompted by the desire to consult members of Parliament and allow them to have effective input into legislative proposals. Another is designed to meet a need to correct minor problems in the statute book.
The choice of process depends not only on the type and scope of the legislative proposals, but also on the Government's strategy. The sponsoring department should examine the various options and consult L&HP/C or, in the case of corrections to minor problems, the Legislation Section of the Department of Justice.
The following is a brief description of the other procedures that may be used.
Tabling Draft Bills
The Government may prepare a draft bill for tabling by the sponsoring Minister and referral to a committee for study. The draft bill is not formally introduced or given first reading. Because of this, the committee can study the draft and make detailed recommendations for its revision without procedural constraints.
The committee's report can then be taken into account by the Government when it finalizes the bill and tables it for first reading as a Government bill.
Committee to Bring in a Bill
The changes to the Standing Orders in 1994 provide that a committee can be instructed to recommend the principles, scope and general provisions for a bill or actually draft a bill. If the House of Commons concurs in the committee's report, that concurrence becomes an order to bring in a bill based on the report.
The Government then introduces the bill. There is no debate at second reading, but the bill goes directly to committee for study. This procedure might be suitable where consensus is probable and MPs are particularly interested in the subject matter
Miscellaneous Statute Law Amendment Acts
Miscellaneous Statute Law Amendment Acts are subject to an accelerated enactment process involving committee study of legislative proposals before they are introduced as a bill (see above "Miscellaneous Statute Law Amendments" in Chapter 2.1).
Certification of Government Bills
The Minister of Justice is required to examine every bill introduced in or presented to the House of Commons by a Minister of the Crown. This requirement arises from section 3 of the Canadian Bill of Rights and section 4.1 of the Department of Justice Act. The purpose of the examination is to determine whether any provision of the bill is inconsistent with the purposes or provisions of the Canadian Bill of Rights or the Canadian Charter of Rights and Freedoms. The Minister of Justice is required to report any inconsistency to the House of Commons at the first convenient opportunity.
The Clerk of the House of Commons sends the Minister of Justice two copies of each bill. A member of the Legislation Section of the Department of Justice examines the bill and the Chief Legislative Counsel signs the certificate stating that it has been examined on behalf of the Deputy Minister of Justice.
If a bill is considered to be inconsistent with the Canadian Bill of Rights or the Canadian Charter of Rights and Freedoms, the Deputy Minister and Minister of Justice are advised immediately for the purpose of making the required report to the House of Commons.
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.
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
|
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.
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 assistant, 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.
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. |