At the federal level, there are several sequential stages that must be completed for a policy proposal to be transformed from an idea into a law. The process involves all three components of the legislative branch (the Sovereign, the Senate and the House of Commons) operating in concert.
In the case of government bills, these stages are the Cabinet stage, the parliamentary stage, the Royal Assent stage and the coming-into-force stage.
At the Cabinet stage, departmental officials review and consult over measures that the government wants to implement through legislation. Cabinet ministers then decide which measures become bills. In cases where a decision is made to proceed with introducing legislation, the sponsoring department prepares a Memorandum to Cabinet. This document seeks policy approval, drafting instructions and authorization for the Department of Justice to prepare a bill, in both official languages, which can be introduced in Parliament.
At the parliamentary stage, bills must pass through three separate readings in both houses. The process followed in either House is similar. The steps are:
- First reading: The bill is introduced but not debated.
- Second reading: The principle and scope of the bill are debated, and a vote is taken on referring the bill to a committee for a more detailed study.
- Committee stage: After carrying out a detailed study of the bill and a clause‑by‑clause deliberation, the committee reports the bill back to the Chamber with or without amendments.
- Report stage: The bill, as passed by the committee, is debated and any further amendments can be adopted or rejected.
- Third reading: The bill, including any amendments to its text or to the motion for third reading, is debated and voted on.
Once the Senate and the House of Commons have passed a bill in the same form, the bill awaits Royal Assent, which is the point when a bill becomes an Act. By tradition, Royal Assent is granted by the Governor General or a deputy of the Governor General (a Supreme Court judge) during a special ceremony held in the Senate chamber. However, in 2002, legislation was passed that permits Royal Assent to be signified by a written declaration, which can take place away from the Senate and House of Commons.
Legislation that receives Royal Assent may not automatically come into effect. Rather, Acts come into force in various ways, and each Act must be examined to determine which commencement mechanism applies. An Act may come into force:
- on a date or dates fixed by provisions in the Act;
- following an order to that effect issued by the Governor in Council regarding sections of the Act or the Act itself; or
- in the absence of a provision specifying the date on which it enters into force, the Act comes into force on the day it receives Royal Assent.
Read the full text of the HillStudy: The Legislative Process: From Government Policy to Proclamation
By Andre Barnes, Library of Parliament