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.

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.

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.

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.

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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.

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.

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.

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.

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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").

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.

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.