LAWS AND REGULATIONS

Immigration law

01 Apr

Every Canadian should know how new laws and regulations are born (spoiler: it's not as dramatic as a reality TV show, but still pretty interesting!). To kick things off, dive into the process below, grab our handy infographic, and don’t forget to explore the links for more law-making goodness.

THE LEGISLATIVE PROCESS:

Laws are the  written rules that guide how people should behave. To become official, a law needs to be approved by Parliament. A proposed law starts as a bill, which can change or replace old laws or create new ones.

In Canada, the process involves three parts of Parliament, and  these three groups work together to make new laws.

1. the House of Commons (elected members) 

2. the Senate (appointed members) 

3. the Monarch (the Head of State, represented by the Governor General in Canada)

a. MEMORANDUM TO CABINET: The Government creates a proposed policy and then presents it to Cabinet to get approval for writing a new bill. Cabinet is where the Prime Minister and Ministers discuss and agree on decisions. 

A bill is like the rough draft of a law that the Government sends to Parliament—kind of like handing in your homework to be graded, except it might come back with a few changes before it’s officially approved.

b. DRAFT BILL: After the Cabinet approves it, the Department of Justice writes the bill. They work together with the policy and legal teams from other government departments or agencies to do this.

c. FIRST READING OF THE BILL: The bill is introduced in either the House of Commons or the Senate.

d. SECOND READING OF THE BILL: Normally, Members of Parliament discuss the main idea of the bill and then vote to decide if it should be looked at in more detail. If the bill makes it through the second reading, it’s sent to the Parliamentary Committee. They dive deep into it, listen to public opinions, and might decide to tweak the bill a bit - kind of like giving it a makeover.

e. REPORT STAGE: Once the Committee is done studying the bill, they report it back to Parliament. During this stage, Members of Parliament can suggest changes to the bill.

f. THIRD READING OF THE BILL: The bill is then subject to a final debate and vote. If the bill passes the vote, it is then sent to the other Chamber, where it goes through the same process.

4. Once both Chambers agree on the same version of the bill, it’s sent to the Governor General for Royal Assent, and then it officially becomes Canadian law. The law is only enforceable once it "comes into force." This can happen in three ways:

5. When it gets Royal Assent.

6. On a specific day or days mentioned in the law.

7. On a day or days decided by the Governor in Council (the Governor General, based on advice from the federal Cabinet).

THE REGULATORY PROCESS: 

1. Regulations help carry out new laws and can be enforced like laws. Unlike laws, regulations aren't made by Parliament. Instead, they are created by people or groups, like the Governor in Council or a Minister, who has been given the power to make them through an Act. That’s why regulations are made in a different way than laws.

2. The relevant organizations review and analyze information to create regulatory proposals.

3. The relevant organizations talk to stakeholders to gather opinions on possible policy ideas.

4. After reviewing the feedback, the regulatory proposals are improved. Stakeholders are then invited to share more comments.

5. The Department of Justice then creates the draft regulations based on the instructions given by the relevant organizations.

6. The Minister, for regulations made by a Minister, or the Treasury Board, for regulations made by the Governor in Council, reviews and approves the draft regulations for publication, with or without changes.

7. The approved draft regulations are published in Part I of the Canada Gazette. The Canada Gazette is the official newspaper of the Government of Canada. It shares information like public notices, official appointments, proposed regulations, and more. It also allows Canadians to give their feedback on the proposed regulations.

8. The comments are reviewed, and the draft regulations are revised and finalized.

9. The Minister or the Governor of Council, with advice from the Treasury Board, reviews and approves the final regulations. The regulations are officially made when the Minister signs the order or the Governor General signs the Order in Council. The final regulations are then published in Part II of the Canada Gazette and take effect on the day or days mentioned in the regulations.

RRM Law can assist by offering expert legal advice and guidance throughout the entire regulatory process. Whether you are navigating the creation of new regulations, seeking to understand existing laws, or need help with regulatory compliance, our team can provide the support needed. 

RRM Law can also help you engage with stakeholders, review draft regulations, and ensure your interests are properly represented in the development of policies and regulations. Simply put, RRM Law can make complex legal and regulatory processes easier to understand and manage.

Contact us today for personalized advice. Call (905)798-3776