Enacting a Statute

1. Enacting a Statute

2. Definitions( Chapter 3) • Unitary system: a one-level system of governing • Federal system: a two-level system of governing • Residual powers: federal responsibility to make laws in legislating areas not assigned to the provinces • Intra vires: within the power of government to pass laws • Ultra vires: beyond the power of government to pass laws • Statute of Westminster: legislation passed in Britain that extended Canada’s law-making powers • Shared Cost agreement: arrangements between the two levels of government to share the cost of the programs in areas not identified in the BNA act. • Civil liberties: basic individual rights protected by law ,such as freedom of speech • Patriate: to bring legislative power under the authority of the country to which it applies.

3. Definitions( Chapter 3) • Principal of Equalization :Section 36 of the Constitution Act,1982,which provides for equal access to essential services for all Canadians • Amending Formula: prosecution for changing the Constitution • Canadian Charter of rights and freedoms: a section of the Constitutional Act,1982 ,which sets out constitutionally protected rights and freedoms • Executive Branch: the administrative branch of government responsible for carrying out government's plans and policies • Legislative Branch: the branch of government that has the power to make, change, and repeal laws. • Judiciary: the branch of government responsible for presiding over Canada’s Court system • Government of public bill: legislation proposed by a Cabinet minister • Private Member’s bill: legislation proposed by an MP who is not in the Cabinet • Lobby Groups: people who try to influence legislators in favour of their cause. • Bill: proposed legislature

4. Definitions( Chapter 3) • Federal Responsibilities

5. Definitions( Chapter 3) • Provincial Responsibilities

6. Steps of the Bill or Proposed Legislationhttp://www.youtube.com/watch?v=DAv9IAb55ig

7. Idea Sources • Royal Commission • Advisory Boards • Individual or interest groups • Ministers’ initiatives Draft Legislation

8. First Reading • Bill is introduces and given the first reading( Mps can talk to their constituents to find out their opinions) about the proposed bill or conduct research to prepare for the debate • Minister may discuss they purpose of the bill • Background Information is supplied to opposition parties • Bill is printed and distributed

9. Second Reading • Principle of the bill is debated • Minister may make a speech to open the debate • Each member can make only one speech • Bill may be referred to committee for revision and further examination

10. Third Reading • Debate is restricted to contents of the bill • NO amendments can be moved Vote Held

11. Federal System Steps are repeated in the Senate Governor General Royal Assent and Proclamation Provincial System Lieutenant –Governor Royal Assent and Proclamation Vote Held

12. Indicate whether the following statements are true or false.Be sure to correct the statements you identify as false. • “Ultra vires “means “within the government’s jurisdictional power”.___False. Ultra vires means beyond the governemnts’ jurisdictional power___________________________________ • The executive branch of the government administers laws. _____True_______________________________ • Residual powers are identified in the BNA Act, 1867. __False__.Residual powers are assigned to the federal government but are not specifically identified________________________________ • A “bill” is another word for act. ___ False. A bill is a proposed law_________________________________

13. True or False • Prime Minister Mulroney was instrumental in patriating the Constitution. ___False. Prime Minister Trudeau was in the office when the Constitution was patriated._________________________________ • The Canadian Charter of Rights and Freedoms is considered Constitutional Law. _True___________________________________ • A government bill can be introduced by a cabinet member. ____True________________________________ • The amending formula and the Principal of Equalization are two sections of the Canadian Charter of Rights and Freedoms. _False. There are two sections of the Constitution__ Act____________ • In a federal system, the federal government has more power than it would have in a unitary system. _ False. In a unitary system there is only one level of government ________________________________________________________

14. True or False • The statute of Westminster is an amendment to the BNA Act, 1867. __False. This was a British statute that allowed all of the Dominions more power__________________________________ • The shared cost agreement was one of the four key elements added to the Constitution Act, 1982. __False. Shared cost agreements were devised to allow two levels of government to share the cost of programs in areas not identified in the BNA act.__________________________________ • Lobby groups represent people who share a common concern. _____True_______________________________

15. Check Your Knowledge • What are the residual powers and which level of government has them? Refer to the owners that are not specifically listed in the Constitution as being assigned to one level of government or the other. The residual powers fall under the federal government’s jurisdiction.

16. Check Your Knowledge • Using examples, explain the concept of intra vires and ultra vires. Intra vires refers to legislation that is created within the authority of a legislative body. S. 93 of the Constitution Act assigns the power over education to the provinces which means that the provincial governments determine policy for education in the province. Ultra vires refers to legislation that has been created that is beyond the authority of the legislative body. Should the federal government create legislation on educational matters that are within the provincial jurisdiction, such legislation could be declared ultra vires, and therefore, not legal.

17. Check Your Knowledge • Explain the amending formula for changing constitutional law. The amending formula included in the Constitution Act, 1982, provided that any changes to the Constitution required the approval of the Parliament of Canada plus two- thirds of the provinces representing 50 percent of the population or more. In the case where only one province is involved, that province and the Parliament of Canada need only approve the change.

18. Check Your Knowledge • What is the role of a Royal Commission in making laws? The purpose of a Royal Commission is to conduct an impartial investigation of specific national problems. A commission extensively examines an important issue of national concern and then makes recommendations to the government on how to deal with these problems. The government may then choose to implement those recommendations by changing the law.

19. Explain what happens to a bill in the following situations: • The bill is passed by the Senate. After a bill has been passed by the Senate, it goes to the Governor General where it receives royal assent and is proclaimed to be in force.

20. Scenario II • Parliament adjourns before the vote is taken. If Parliament adjourns before a vote on the bill is taken, then the bill “dies on the floor”, which means that it is no longer under the consideration to become law. If the government still wanted to pass this legislation , then it would have to reintroduce the bill in the next parliamentary session.

21. Scenario III • The bill is passed by the House of Commons. After a bill is passed by the House of Commons, it moves to the Senate where it goes through the three readings.

22. Scenario IV • The bill is defeated by the House of Commons. If a bill is defeated in the House of Commons, then the bill dies and is no longer under consideration to become law.