Form of a Private Bill
The
form of a private bill is similar to that of a public bill with the exception
that it must have a preamble, containing the following formula:
Whereas (the person/corporation named) has by its petition
prayed that it be enacted as hereinafter set forth and it is expedient to grant
the prayer of the said petition: Therefore Her Majesty, by and with the advice
and consent of the Senate and the House of Commons, enacts, as
follows: [71]
In
addition to the above wording, the preamble typically spells out in detail the
reasons the person or corporation wishes to have a private bill enacted. While
in some instances the preamble is short and straightforward, [72]
most preambles are lengthy and may include a
history of a corporation concerned. [73]
During the first 20 years of Confederation, private bills
were drafted in a haphazard way. Members of the House of Commons and the
committees to which private bills stood referred complained frequently that
private bills were not uniformly framed and often contained provisions which
committees had objected to in other private bills. In response to these
complaints, the House adopted, in 1883, a recommendation from the Standing
Committee on Railways, Canals and Telegraph Lines. It stated that any private
acts of incorporation should include specific clauses from the general act
relating to such bills. [74]
In 1887, after further study by a special
committee, a model bill was drawn up to which all bills of incorporation had to
conform. [75]
The
Standing Orders stipulate that any bill for an Act of incorporation must conform
with a model bill, which can be obtained from the Clerk of the House. [76]
The objective is to ensure that all pertinent
information is made available. Any provisions in the proposed bill which are not
in accord with the model bill must be inserted between brackets or
underlined. [77]
When a private bill amends an existing Act, the
new text must be underlined and the existing text printed in the right-hand page
opposite the proposed text. [78]
When a private bill proposes to repeal certain
clauses or sections of an existing Act, these clauses or sections must be
indicated opposite the repealing clause. [79]
A brief explanatory note giving the reasons for
any clause of an unusual nature or which differs from the model bill clauses
must be printed opposite the clause in the bill. [80]
Finally, if the bill is for the purpose of
confirming any agreement, a verified copy of such agreement must be
attached. [81]
If
the promoter of any private bill decides to present the bill first in the House
of Commons, he or she should meet with a legislative counsel of the House who
can assist in the drafting of the bill in accordance with the rules and
practices of Parliament. [82]
The legislative counsel can also advise the
petitioners on the various preliminary stages in the passage of a private bill
(for example, when the notices are published in the Canada Gazette or in newspapers) and, when requested,
advises the committee examining the private bill of any provisions in it which
are in variance with the general law and of any unusual provisions deserving
special attention.