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Foundations of Canadian Law NCA > Functions and Components of Parliament > Flashcards

Functions and Components of Parliament Flashcards

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1
Q

What are the three main components of parliament

A
  1. The monarch and their delegates
  2. The Governor general
  3. The Senate and the House of Commons
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2
Q

What is the Monarch

A

The Monarch is Canada’s official head of state
The Constitution Act 1867 vests the “executive government” in the Monarch
Many of the Monarchs powers are exercised by the Governor General

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3
Q

How is the Monarch selected

A

The Monarch is identified through the UK rules of heredity and antiquated laws of succession, most notably the famous Acts of Settlement 1701

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4
Q

Why has there been challenges to the rules of succession for the Monarch

A

From cases like: O’Donoghue v Canada 2003, Teskey v Canada (AG) 2014 and Motard v procurer general du Canada 2019
Mainly challenging the rule that the Monarch cannot be Catholic and cannot marry a Catholic

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5
Q

Can the concept of the Monarch be amended

A

Because the Monarch is fundamental to our constitutional structure, amendment to it would require unanimous consent from the federal and provincial governments

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6
Q

Three distinct roles of the Monarch

A

McAteer v Canada (AG) 2014:
1. The King of Canada plays a legislative role in assenting or refusing to assent to, or reserving bills of the provincial legislature or parliament - a role that is performed through the Governor General and the Lieutenant Governors
2. The king of Canada is the head of the executive authority pursuant to sections 9 and 12 of the Constitution Act 1867
3. The king of Canada is the personification of the State i.e. with respect to Crown prerogatives

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7
Q

How is a Governor General selected

A

In practice, the Monarch appoints the Governor General
However, by Canadian Constitutional Convention, the King follows the Canadian Prime Ministers recommendations in appointing the Governor general

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8
Q

How long is the term for the Governor General

A

There is no fixed term of office for Governor Generals, but they tend to serve for approximately five years

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9
Q

What is the Senate

A

It is Canada’s unelected upper chamber of the federal legislature

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10
Q

How are Senators appointed

A

Section 24 of the Constitution Act 1867 anticipates the appointment of Senators by the Governor General (The Governor General follows the advice of the Prime Minister as required by Constitutional Convention)

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11
Q

How long do Senators remain in office

A

The current constitution allows Senators to remain in office until age 75 (s 29(2) of the Constitution Act 1867)

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12
Q

Can the format of the Senate be amended

A

Because the statute that created the senate (Constitution Act 1867) forms part of the constitution of Canada and can only be amended in accordance with the Constitution’s procedure for amendments: s 52(2) and (3) Constitution Act 1982
It requires the consent of at least seven provinces representing, in the aggregate, at least half of the population of all the provinces

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13
Q

How are members of the House of Commons selected

A

Members of the House of Commons are elected, a requirement anticipated by s 37 of the Constitution Act 1867

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14
Q

What is representation in the house of commons based on

A

It is based on geographical divisions called electoral districts, also known as ridings (308)
The process of readjusting the boundaries is commonly called redistribution

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15
Q

How are discrepancies between particular ridings justified

A

On the basis of factors such as geography, community interests and population growth patterns

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16
Q

When do elections to the House of Commons take place

A

In the period after the dissolution of the old parliament and the summoning of a new Parliament

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17
Q

What section of the constitution provides the constitutional amending formula

A

Part V of the Constitution Act 1982

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18
Q

What are the four categories of the amending procedures

A
  1. General Amending Formula
  2. The Unanimous Consent Procedure
  3. Special arrangements procedure
  4. Uniltateral federal and provincial procedures
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19
Q

What is the general Amending Formula

A

Section 38 of the Constitution Act 1982
It reflects the principle that substantial provincial consent must be obtained for constitutional change that engages provincial interest
Section 42 complements s 38 by expressly identifying certain categories of amendments to which the 7/50 procedures in s 3891) applies

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20
Q

What is the Unanimous consent procedure

A

Section 41 of the Constitution Act 1982
Requires the unanimous consent of the Senate, The House of Commons and all the provincial legislative assemblies - it accords the highest level of constitutional protection and entrenchment

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21
Q

What is the special arrangements procedure

A

Section 43 of the Constitution Act 1982
Applies to amendments in relation to provisions of the Constitution that apply to come, but not all, of the provinces

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22
Q

What is the Unilateral Federal and Provincial Procedures

A

Section 44 and 45 of the Constitution Act 1982
Allows unilateral amendment of aspects of government institutions that engage purely federal or provincial interests

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23
Q

What is Canada’s electoral system referred to as

A

A single-member plurality or first past the post system

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24
Q

How does Canada’s electoral system work

A

In every electoral district, the candidate with the highest number of votes wins a seat in the House of Commons and represents the electoral district as its member of Parliament

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25
Q

How can candidates run in ridings

A

They can only run in one riding, either independently or under the banner of a registered political party
Each party can endorse only one candidate in an electoral district

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26
Q

Steps to annul an election under the Canada Election Act

A

The applicant must first demonstrate one of the four circumstances in s 524(1)(b): irregularities, fraud, corrupt practices or illegality
If even a single vote is shown to not have been cast due to one of the four above circumstances in a subject riding, the Court acquires the discretionary power to annul the results

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27
Q

What are the three functions of Parliament

A
  1. Summoning
  2. Prorogation
  3. Dissolution
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28
Q

What is the Summoning of Parliament

A

The opening of Parliament which is also the opening of the first session of that parliament

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29
Q

What are the two main procedures from the opening of Parliament

A

The taking and subscribing of the oath of allegiance by Members and the election of a Speaker

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30
Q

How are members of Parliament sworn in

A

Following the general election, the Clerk of the House receives from the Chief Electoral officer certificates of election for Members of the House as they become available
It is required through the Constitution Act 1867 that they first subscribe to an oath of allegiance

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31
Q

What is the opening session of parliament marked by

A

The reading of the Speech from the Throne

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32
Q

What is the Speech from the Throne about

A

It usually sets forth the government’s view on the condition of the country and provides an indication of what legislation it intends to bring forward

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33
Q

What are pro forma bills

A

An act respecting the Administration of Oaths of Office

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34
Q

How is the Speaker elected

A

Section 44 of the Constitution Act 1867 provides for the election of a Speaker as the first item of business when members assemble following a general election
Members are summoned by the division bells to assemble in chamber, where they receive the usher of the Black Rod who reads a message requesting the immediate attendance of the House in the Senate chamber
The members then return to the House and proceed to elect a presiding officer

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35
Q

What is prorogation

A

Prorogation results in the termination of a session

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36
Q

What are the effects of prorogation

A

Brings an end to all proceedings before parliament
Bills which have not received Royal Assent before prorogation are ‘entirely terminated’
Members are released from their parliamentary duties until, in the new session, the House and its Committees resume activities

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37
Q

Describe how prorogation works

A

Once summoned, a given parliament is generally divided into several sessions, separated by a prorogation

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38
Q

When shall there be a sitting of parliament

A

Section 5 of the Charter provides that “there shall be a sitting of parliament and of each legislature at least once every twelve months”

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39
Q

What is the limitation on the duration of Commons

A

Both the Constitution Act section 50 and the Charter section 4(1) limit the duration of Commons to five years (except in times of war or insurrection)

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40
Q

When does dissolution occur

A

Parliament must be dissolved, and elections must happen at least every five years
In the federal parliament, there are not provisions (s 56.1) in the Canada Elections Act fixing election dates every four years
The Governor general retains his or her constitutional power to dissolve parliament before these fixed dates

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41
Q

What is required after a ‘non confidence’ vote

A

Constitutional convention requires a prime minister to resign his or her government or seek parliamentary dissolution

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42
Q

Three aspects to Ministerial Responsibility

A
  1. There is the responsibility of a minister to the Queen or the Governor general; this is often overlooked, but it is basic to our constitutional order
  2. There is the individual responsibility of a minister to the House - this revolves around the questions of when a minister should offer his or her resignation and when should it be accepted or asked for
  3. Responsibility is that of the ministry collective to the House
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43
Q

What three different types of votes can be considered “votes of confidence”

A
  1. There are explicitly worded votes of confidence
  2. Motions made votes of confidence by declaration of the government (lost votes on items central to government policy)
  3. Implicit votes of confidence (votes on items not at the heart of government policy
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44
Q

What does decision making in parliament depend on

A

Swaying a majority of votes in each chamber
The success of a motion is determined by whether it attracts a majority of votes

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45
Q

Decision making in the House of Commons

A

Section 49 of the Constitution Act 1867: Questions arising in the House of Commons shall be decided by a majority of voices other than that of the Speaker, and when the voices are equal, but not otherwise, the Speaker shall have a voice

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46
Q

Decision making in the Senate

A

Section 36 of the Constitution Act 1867: Questions arising in the Senate shall be divided by a majority of voices and the Speaker shall in all cases have a voice and when the voices are equal the decision shall be deemed to be in the negative

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47
Q

How is the prime minister appointed

A

By constitutional convention, the individual commanding the confidence of the Commons, is appointed prime minister

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48
Q

Who are the three key actors in Parliament

A
  1. Political parties
  2. The Speaker
  3. Parliamentary Committees
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49
Q

What are political parties

A

They are a recognised entity in Canadian election law
“official” party status is reserved for parties possessing a minimum number of members in the commons (allegiance of at least 12 members)
In commons, once the 12 member threshold is reached, party members are then entitled to sit together

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50
Q

Where are the rules regarding the selection of the Speaker and their powers held

A

In the “standing orders” of the House of Commons

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51
Q

What are the three main functions of the Speaker

A
  1. Th speaker presides over debate in the House and is responsible for enforcing and interpreting all rules and practices for the preservation of order and decorum in the proceeding of the House
  2. The Speaker is the Chief administrative officer of the House of Commons
  3. The Speaker is the representative or spokesperson for the House in its relations with authorities or persons outside parliament
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52
Q

Describe the Speakers role as “Guardian of Rights and privileges”

A

It is the responsibility of the Speaker to act as the guardian of the rights and privileges of the members and of the House as an institution

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53
Q

Describe the Speakers duty of maintaining “Order and Decorum”

A

The Speakers duty is to preserve order and decorum in the House and to decide any matters of procedure that may arise
Once the Speaker has ruled, the matter is no longer open to debate or discussion

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54
Q

What are some ways in which the Speaker can maintain order and decorum

A
  1. The Speaker can call a member to order if the member persists in repeating an argument already made in the course of debate
  2. The Speaker may decline to give the floor back to the offending member
    The most severe sanction available to the Speaker to maintain order is “naming” a disciplinary measure
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55
Q

What are Parliamentary committees

A

Subsets of parliament tasked with much of the detailed work in parliament

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56
Q

What are the six different types of parliamentary committees

A
  1. Standing
  2. Standing joint
  3. Legislative
  4. Special
  5. Special joint
  6. Subcommittees
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57
Q

What committee forms a majority of the committees established by the House of Commons

A

Standing Committees

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58
Q

Which parliamentary committee returns session after session

A

Standing Committees as their existence is entrenched in the Standing Orders

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59
Q

What do Standing Committees titles and mandates cover

A

Every main area of federal government activity

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60
Q

What are the three categories that Standing Committees fall into

A
  1. Those overseeing one or more federal departments or organisations
  2. Those responsible for matters of House and committee administration and procedures
  3. Those with transverse responsibilities that deal with issue affecting the entire government apparatus
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61
Q

What is the general mandate for standing committees

A

The standing orders set out a general mandate for all standing and standing joint committees
They are empowered to study and report to the House on all matters relating to the mandate

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62
Q

What can standing committees review

A
  1. The statute law relating to the departments assigned to them
  2. The program and policy objectives of those departments and the effectiveness of their implementation thereof
  3. The immediate, medium and long-term expenditure plans of those departments and the effectiveness of the implementation thereof
  4. An analysis of the relative success of those departments in meeting their objectives
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63
Q

What are some specific mandates for standing committees

A

The Standing Orders set out specific mandates for some standing committees
Standing committee on procedure and House of Affairs: the election of members the administration to the house
Standing committee on Citizenship and Immigration: Monitors the implementation of the principles of the federal multiculturalism policy

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64
Q

What are the two standing joint committees

A

One on the Library of Parliament and one on the Scrutiny of Regulations

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65
Q

Who are the members of standing joint committees

A

Members from both the House of Commons and the Senate

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66
Q

How is the standing joint committee’s status formalised

A

By statute and confirmed by the standing orders of the House of Commons and the Rules of the Senate

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67
Q

How are legislative committees created

A

They are created on an ad hoc basis by the House solely to draft or review proposed legislation

68
Q

How many members does a legislative committee have

A

15 Members

69
Q

Do legislative committees return from one session to the next

A

No

70
Q

What do legislative committees do

A

They examine and inquire into the bill referred to them and present a report on it with or without amendments

71
Q

What do the Standings Orders empower legislative committees to do

A

To recommend in its report the principles scope and general provisions of the bill and may include recommendations

72
Q

How are special committees created

A

On an ad hoc basis created as needed by the house
They are established by an order of reference of the House

73
Q

What is the role of special committees

A

They are charged with inquiring into a matter to which the House attached particular importance

74
Q

When do special committees cease to exist

A

Upon presentation of their final report

75
Q

Why are special joint committees created

A

They are created for the same purpose as special committees: to study matters of great importance

76
Q

Who are the members of special joint committees

A

Composed of members of the House of Commons and Senators

77
Q

How are special joint committees created

A

They are established by an order of reference from the House, and another from the Senate

78
Q

How can a House initiate a special joint committee

A

They must first adopt a motion to establish it and includes a provision inviting the other Chamber to participate in the proposed committees work
Both houses must be in agreement about the mandate and powers of the committee

79
Q

When do special joint committees cease to exist

A

When they present its final report to both Houses

80
Q

What are subcommittees

A

Working groups that report to existing committees

81
Q

How are subcommittees normally created

A

They are normally created by an order of reference adopted by the committee in question by may also be provided for in the Standing Orders

82
Q

Why are subcommittees created

A

To relieve parliametnary committees of planning and administrative tasks

83
Q

How are subcommittees mandates created

A

It is up to the committee that creates the subcommittee to establish its mandate in an order of reference

84
Q

How long does a subcommittee exist for

A

Depending on the circumstances and the type of mandate it is assigned, a subcommittee will exist as long as the main committee does

85
Q

Which committees can create subcommittees

A

Not every type of committee can create a subcommittee but standing committees may do so

86
Q

When can special committees create subcommittees

A

Only when they are empowered to do so by the House

87
Q

What is parliamentary law

A

The body of rules determining parliamentary procedure

88
Q

What are the two leading cases on parliamentary privilege

A

Vaid and Chagnon

89
Q

What is the test for parliamentary privilege

A
  1. The court asks whether the existence and scope of the claimed privilege have been authoritatively established, based on either Canadian or British precedent - if it has then it must be accepted by the court
  2. the court asks whether the privilege claimed is supported as a matter of principle under a necessity test: the sphere of activity over which privilege is claimed bust me ‘so closely and directly connected with the fullfillment of the assembly or its members of their function as a legislative and deliberate body”
90
Q

What are the courts jurisdiction in relation to parliamentary privilege

A

Courts only have the jurisdiction to determine the existence or scope of parliamentary privilege, they cannot adjudicate the exercise of any matter failing within this scope

91
Q

Chagnon v Syndicate de law Fonction Publique due Quebec 2018 SCC 39

A

Leading case on parliamentary privilege
established the necessity test: activity is only protected by parliamentary privilege if the activity is so closely and directly connected to their constitutional function
in this case dismissal of security guards were not protected by parliamentary privilege

92
Q

What are the four types of actions that are protected by parliamentary privilege

A
  1. to discipline its members
  2. to administer its internal affairs
  3. over parliamentary proceedings
  4. Over freedom of speech
93
Q

Canada (House of Commons) v Vaid 2005 SCC 30

A

Leading case on parliamentary privilege
the court lists a number of a propositions that are accepted by the court

94
Q

Singh v Attorney general of Quebec 2018 QCCA 257

A

The court held that the exercise of parliamentary privilege is not subject to the charter

95
Q

Where are the crown prerogative powers defined

A

At the common law

96
Q

Who may exercise prerogative powers

A

They can be exercised directly by the Governor General, the Prime Minister, and other Ministers of the Crown

97
Q

What are the two main definitions of the prerogative

A

A.V Dicey: “the residue of discretionary or arbitrary authority, which at any given time is legally left in the hands of the Crown”
Blackstone: “the designation of royal prerogative can only be applied to those rights and capacities which the king enjoys alone, and not to those which he enjoys in common with any of his subjects
It is a source of executive power

98
Q

What are the two forms of judicial review of administrative actions

A
  1. Procedural fairness review, courts examine “the manner in which the decision is made” for compliance with “prescribed rules of procedure” and “general principles including the right to answer and defence”
  2. Substantive review, courts scrutinise the substance of government actions or decisions to ensure that they do not exceed the government actor’s legal authority, applying either a reasonableness or a correctness standard of review
99
Q

What will trigger the application of the duty of fairness

A

Purely the fact that a decision is administrative and affects the rights, privileges, or interests of an individual is sufficient to trigger this

100
Q

What are the five factors in determining the content of a duty of fairness

A

Baker
1. the nature of the decision: the more closely it resembles judicial decision making, the more likely it is that procedural protections closer to the trial model will be required
2. The nature of the statutory scheme and the role of the decision within it
3. The importance of the decision to the individual affected, with greater procedural protections applying to more importance decisions
4. Legitimate expectations: a legitimate expectation that a specific procedure will be followed created a right to that procedure, while a legitimate expectation about the outcome of a decision gives rise to enhanced procedure protections prior to a contrary decision being made
5. Courts will consider and respect the choices of procedure made by the agency itself

101
Q

When is the standard of correctness used

A
  1. constitutional issues
  2. a question of “general law” that is both of central importance to the legal system as a whole and outside the adjudicator’s specialised area of expertise
  3. The drawing of “true question of jurisdiction or vires”
102
Q

When is the standard of reasonableness used

A

Where the question:
1. relates to the interpretation of the tribunal’s enabling (or home) statute or “statutes closely connected to its function, with which it will have particular familiarity”
2. raises issues of fact, discretion or policy
3. involves inextricably intertwined legal and factual issues

103
Q

How do courts determine the standard of review where the initial “inquiry proves unfruitful”

A

They look at the following:
1. the presence or absence of a private clause
2. the purpose of the tribunal as determined by interpretation of enabling legislation
3. the nature of the question at issue
4. the expertise of the tribunal

104
Q

How do courts apply the two standards of review

A
  1. in applying the correctness standard, if the court does not agree with the administrative decision it “will substitute its own view and provide the correct answer”
  2. When applying the reasonableness standard “courts cannot substitute their own appreciation of the appropriate solution, but must rather determine if the outcome falls within ‘a range of possible acceptable outcomes which are defensible in respect of the facts if law’
105
Q

What are standing orders

A

Rules of procedure adopted by at least a simple majority vote of the members of the common

106
Q

What occurs when standing orders are silent

A

Procedural questions shall be decided by the speaker or Chair, whose decisions shall be based on the usages, forms, customs, and precedents of the House of Commons of Canada and on parliamentary tradition in Canada and other jurisdictions, so far as they may be applicable to the House”

107
Q

What does parliamentary supremacy mean

A

It means that parliament and its provincial counterparts are the only truly sovereign body in Canadian Constitutional law

108
Q

Requirements for the legislative process in the Constitution Act 1867

A
  1. Matters are to be decided in both the Senate and the Commons by a majority of votes
  2. The quorum of the Senate is 15 senators including the speaker
  3. the commons 20 members
  4. Money bills must originate in the commons
  5. Bills must be in French and English
  6. Bills require royal assent
109
Q

What is the Federal Conflict of Interest regime is governed by

A

The Conflict of Interest Act

110
Q

What are the two fundamental changes that the Federal Accountability Act 2006 made to the Canadian conflict of interest regime

A
  1. It enacted the Conflict of Interest Act, which enshrined the legislation of the Conflict of Interest and post Employment Code for Public Office Holders
  2. The FAA amended the Parliament of Canada Act to replace the office of the Ethics Commissioner with that of the Conflict of Interest and Ethics Commissioner
111
Q

What is the dual mandate for the Conflict of Interest and Ethics Commissioner

A

They are responsible for both public office holders under the Conflict of Interest Act and for members of the House of Commons under the Conflict of Interest Code for Members of the House of Commons

112
Q

What does the Commissioners mandate in respect of public office holders include

A
  1. Providing confidential advice to the prime minister
  2. providing confidential advice to individual public office holder with respect to their obligations under the act
  3. Examining and reporting on possible contraventions of the Act by public office holders or former public officer holders
    Administering the disclosure regime where by senior public officer holders confidentially disclose their assets and liabilities and other information to the Commissioner and preparing a summary of that information for the public
113
Q

What two House of Commons committees does the Conflict of Interest and Ethics Commissioner report to

A
  1. The standing committee on procedure and house affairs with respect to duties and functions governed by the Conflict of Interest Code for Members of the House of Commons
  2. The standing committee on access to information, privacy and ethics with respect to the general administration of the office of the conflict of interest and ethics commissioner
114
Q

What are the key points in the Conflict of Interest Code for Members of the House of Commons

A
  • The commissioner reports on their inquiries to the House and also reports annually on their activities respecting members
  • The code prohibits members from voting or acting in a way that would further their own or others’ Private interest
  • Members and their families must report to the Commissioner any travel or gifts valued in excess of specified limits
  • Members and any corporations owned by them, are prohibited from entering into federal government contracts
115
Q

What does the Conflict of Interest Act require public office holders to do once they are appointed

A

They must arrange their private affairs so as to prevent conflicts of interests from arising

116
Q

What are the different between reporting and non-reporting officers in respect of the Conflict of Interest Act

A

Reporting office holders include ministers, parliamentary secretaries, ministerial staff who work on average 15 hours or more a week, part-time governor in council appointees who receive an annual salary and benefits, and full time governor in council appointees

117
Q

What does section 44 of the Conflict of Interest Act permit

A

It permits parliamentarians to request, based on a belief on reasonable grounds, that the commissioner examine a possible contravention of the Conflict of Interest

118
Q

What does section 45 of the Conflict of interest act permit

A

It permits the commissioner to examine a matter on their own initiative

119
Q

What does a Senate Ethics Officer do

A

They perform the duties and functions assigned by the Conflict of Interest Code for Senators

120
Q

What are the two main types of bills

A

Public bills and private bills

121
Q

What are the difference between public and private bills

A

While public bills deal with matters of national interest, the purpose of private bills is to grant special powers, benefits or exemptions to a person or persons, including corporations

122
Q

Who may initiate a public bill

A

A minister, in which case it is referred to as a “government bill”
a private member may also initiate a public bill, in which case it is called a “private members bill”

123
Q

What is a Government Bill

A

A government bill is a written legislative initiative submitted to parliament by the government for approval, and possibly for amendment, before becoming law

124
Q

What does a Government bill deal with

A

It relates to matters of public interest and may include financial provisions

125
Q

Where is a government bill normally introduced

A

It is normally introduced in the House of Commons, although bills that do not provide for the expenditure of public funds or the levying of new taxes may be introduced in either House

126
Q

How are government bills drafted

A
  1. A decision by the government to transform a policy initiative into a legislative proposal triggers the drafting process
  2. The Department of justice prepares a draft bill, following instructions given by Cabinet
  3. The Minister of Justice is required to examine every bill introduced by a Minister in order to ascertain that it is consistent with the Canadian Bill of Rights and the Canadian Charter
  4. Once a bill has been drafted it must be approved by Cabinet, after which the Government house Leader customarily reviews it and recommends in favour of or against its introduction in parliament
127
Q

What is a prvivate members bill

A

It is the test of legislative initiative submitted to parliament by a member who is neither a Minister or a Parliamentary Secretary, for approval and possibly for amendment, before becoming law

128
Q

When do debates on private bills occur

A

They can take place only during the hour set aside daily for private members’ bills

129
Q

How are private members’ bills drafted

A
  1. Members of the House of Commons who are neither Ministers nor parliamentary secretaries may introduce bills for consideration under private members’ business
  2. Legislative services are made available under the authority of the Speaker of the House to assist them in drafting their bills
  3. Before a bill is introduced in the house, the legislative services of the house of Commons will certify that it is acceptable as, to its form and compliance with legislative and parliamentary conventions
130
Q

What is the purpose of a private bill

A

To confer special powers or benefits upon one or more person or group of persons to exempt them from the application of a statute

131
Q

Where are private bills introduced

A

Most private bills are introduced in the Senate, they may also be introduced in the House of Commons, although this is now a rare occurrence

132
Q

What happens when a single bill incorporates both private and public consideration

A

It is dealt with as a public bill

133
Q

What must be contained within a private bill

A

It must have a preamble

134
Q

Describe drafting by a committee

A

A committee may be instructed to prepare and bring in a bill
In its report recommend the principles, scope, and general provisions of the bill and may, if it deems ti appropriate, recommend specific legislative wording

135
Q

What are the 15 important aspects of the structure of the bill

A
  1. Number
  2. Title
  3. Preamble
  4. Enacting Clause
  5. Clause
  6. Interpretation Provisions
  7. Coming-into-force provisions
  8. Schedules
  9. Explanatory Notes
  10. Summary
  11. Marginal Notes
  12. Underlining and Vertical Lines
  13. Headings
  14. Table of Contents
  15. Royal Recommendation
136
Q

How are bills numbered

A

-When a bill is introduced, it is assigned to a number to facilitate filing and reference
-Government bills are numbered consecutively from C-2 to C-200
-Private member’s bill are numbered consecutively from C-201 and C-1000
Private bills are numbered beginning at C-1001
Bills introduced in the senate begin with an S rather than a C
Government bills originating in the Senate are numbered consecutively from S-1 to S-200
Senators’ public bills are numbered consecutively from S-201 to S-1000
Senators private bills are numbered beginning at S-1001

137
Q

Describe the title of a bill

A

A bill may have two titles: a full or long title and an abbreviated or short title
The long title appears both on the bill’s cover page, and under the number assigned to the bill and at the top of the first page of the document
It sets out the purpose of the bill
The first clause of the bill normally sets out the short title

138
Q

What is the preamble of the bill

A

Sets out the purpose and the reasons for introducing the act
Appears between the long title and the enacting clause

139
Q

What is the enacting clause of a bill

A

It states the authority under which it is enacted

140
Q

What are the clauses of a bill

A

Clauses are particular and separate articles of a bill, and are its most fundamental constitutive elements
Clauses may be divided into subclauses, and then into paragraphs and even subparagraphs
A clause should express a a single idea

141
Q

What are interpretative provisions of a bill

A

A bill will sometimes include definitions or rules of interpretation which provides a legal definition of key expressions used in the legislation and indicate how those expressions apply
No formal requirement that this be included

142
Q

What is the coming-into-force- provision of a bill

A

It is when the bill will come into force
It may be delayed after royal assent
otherwise, the bill will come into force on the day it is assented to

143
Q

What are the two types of schedules in a bill

A
  1. Those that contain material unsuited to insertion in the main body of the bill, such as, for example, tables diagrams, lists and maps
  2. Those that reproduce agreements falling within the prerogative of the Crown, such as for example, treaties and conventions
144
Q

What are explanatory notes in a bill

A

Notes explaining the amendments made by the bill
These notes reproduce the original text of the provisions affected by the bill

145
Q

What is the summary of a bill

A

A comprehensive and usually brief recapitulation of the substance of a bill

146
Q

What are marginal notes in a bill

A

Short explanations that appear in the margin of a bill

147
Q

What is underlined or vertical lines in a bill

A

In a bill that amends an existing act, new text is underlined when it consists of long passages, or simply indicated with a vertical line

148
Q

What are the headings in a bill

A

To assist the reader, legislative drafters insert headlines throughout the text
Such headings have never been considered to part of the bill

149
Q

Is the table of contents part of a bill

A

It is not considered part of a bill

150
Q

Describe royal recommendation of bills

A

Bills that involve the expenditure of public funds must be accompanied by a royal recommendation issued by the Governor General and generally communicated to the House before a bill is introduced
It must be published in the Notice paper and printed in or annexed to the begining of the bill

151
Q

What are the 12 stages a bill must pass through before becoming law

A
  1. Notion of Motion for Leave to introduce and place on the house of Commons order paper
  2. Preparation of a bill by a committee (where applicable)
  3. Introduction and first reading
  4. Reference to a committee before second reading (where applicable)
  5. Second reading and reference to a committee
  6. Consideration in committee
  7. Report stage
  8. Third reading (and passage)
  9. Consideration and passage by the senate
  10. passage of senate amendments by the commons (where applicable)
  11. Royal Assent
  12. Coming into force
152
Q

What must be affixed to every bill immediately after the motion for each of the three readings is adopted

A

a certification of reading

153
Q

When is a substantial alteration to a bill permitted

A

With express authority of the House or of a committee, in the form of an amendment

154
Q

What occurs to a bill at the start of a session if it is identical to a bill introduced in the preceding session

A

It may be reinstated at the stage it had reached at the time of prorogation

155
Q

What types of bills are not affected by prorogation

A

Private members bills are not affected by prorogation and therefore do not require reinstatement at the beginning of a new session

156
Q

How many readings can a bill have on the same day

A

two or three readings may occur on the same day

157
Q

What are the three avenues for adoption of legislation

A
  1. After appropriate notice, a Minister or a private member may introduce a bill, which is given first reading immediately. The bill is then debated generally at the second reading stage, after which it is sent to a committee for clause-by-clause study
  2. A minister may propose a motion that a committee be instructed to prepare a bill. A bill will be presented by the committee and carried through the second reading stage without debate or amendment
  3. A minister may move that a bill be referred to a committee for study before second reading
158
Q

Describe the notice of motion for leave to introduce and placement on the order paper

A
  • 48 hours’ written notice is required prior to the introduction of a bill in the house of commons
  • A private member or administer who intends to introduce a bill in the House of Commons must first give notice to the clerk of the House before 6:00pm (12:00 pm Friday)
  • The title of the bill is to be introduced is then placed on the notice paper
159
Q

What occurs after the title of a bill is placed on the notice paper

A

The day after it appears on the notice paper, the title of the bill will appear in the order paper in which the notices were received, together with the title of other bills awaiting introduction in the house

160
Q

What happens when a bill is prepared by a committee and is called by the government

A

It may be debated for a maximum of 90 minutes after which the Speaker will interrupt the debate and put all questions necessary to dispose of the motion

161
Q

Under what section in the order paper, is a bill that is prepared by a committee to go

A

Government orders

162
Q

When can a government bill be read for the second reading stage

A

This may not begin before the third sitting day after the first reading

163
Q

What occurs during introduction and first reading of a bill

A

A private member normally provides a brief explanation of the bill he or she is introducing in the House
The bill is assigned a specific bill number
Lave to introduce a bill is granted automatically, and the motion is deemed carried, without debate or amendment of question put

164
Q

Does first reading of a bill require commitment on the part of the House

A

It involves no commitment on the part of the House beyond agreement that the bill has been granted

165
Q

Do Senate bills have to request for leave to introduce

A

Since senate bills have already been printed when they are sent to the House of Commons no request for leave to introduce the bill is required

166
Q

What does adoption of the motion for second reading amount to

A

It amount to approval by the House of the principle of the bill
This limits the scope of any amendments that maybe made during committee study and at report stage

167
Q

How can a minister refer a bill to a committee before a second reading

A

A Minister must notify representatives of the opposite parties of their proposition of a motion that the bill be referred to a committee before second reading

Foundations of Canadian Law NCA (4 decks)

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