Before a proposed bill - either federal or provincial - is introduced, a policy decision has been made that legislation is necessary. This may be either by way of new legislation or an amendment to existing legislation.
A policy decision may come about in different ways, including:
- based on a government background paper,
- based on a research report commissioned by a Ministry,
- based on a law reform commission report advocating change,
- as a result of a court case pointing to deficiencies in existing legislation, or
- as a result of public pressure from an interest group.
Once the policy decision has been made, the sponsoring Minister prepares a submission to Cabinet, advocating the introduction of a Bill. Once Cabinet gives approval, the Bill is drafted by Legislative Counsel.
How a Bill Becomes an Act:
Provincial Bills
Before a provincial Bill becomes an Act and effective law, it must pass three Readings in the Legislature.
- 1st Reading - the formal introduction of a Bill to the Legislature
. At First Reading, there is usually little comment made about the Bill.
- 2nd Reading - discussion of the principle or 'legislative intent' behind the Bill.
The Second reading Debate can be an important source for determining the government policy initiative behind a Bill.
- Committee Stage - a Legislative Committee studies the Bill, giving it clause by clause detailed consideration. The Committee may or may not prepare a Report on the Bill.
- 3rd Reading - final reading of a Bill; there is often no debate at Third Reading.
- Royal Assent - formal approval given to a Bill by the Queen's representative after passing Third Reading.
As soon as a Bill receives Royal Assent, it becomes an Act and is assigned a chapter number for inclusion in the Statutes volumes. Once a Bill has become an Act, it should no longer be referred to by Bill number.
BC's legislative process is explained in:
Nash, Legislation Made Easy, 3d ed
(Reference Room (level 2): JL430 .N37 2010)
.
Differences Between the Provincial & Federal Legislative Process
- Provincial Bills must pass 3 readings in the Legislature.
- Federal Bills must pass 3 readings in both the House of Commons and the Senate before they receive Royal Assent and become Acts.
A federal Bill's origin is indicated by the letter prefix in front of the Bill number:
C- (House of Commons Bill) or S- (Senate bill).
For further explanation there is an excellent guide to the federal Legislative Process.
