Types of Bills
There are two main categories of bills: public bills and private bills. While public bills deal with matters of national interest (jus generale publicum),45 the purpose of private bills is to grant special powers, benefits or exemptions to a person or persons, including corporations (jus particulare).46
A public bill may be initiated by 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 Member’s bill”.
A government bill is a written legislative initiative submitted to Parliament by the government for approval, and possibly for amendment, before becoming law. Such bills relate to matters of public interest and may include financial provisions. Government bills are 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.
Private Members’ Bills
A private Member’s bill is the text of a legislative initiative submitted to Parliament by a Member who is neither a Minister, nor a Parliamentary Secretary, nor the Speaker, nor the Deputy Speaker for approval, and possibly for amendment, before becoming law. Most but not all bills of this type originate in the House of Commons. Debate on private Members’ bills can take place only during the time set aside for Private Members’ Business.47
The purpose of a private bill is to confer special powers or benefits (in excess of or in conflict with the general law) upon one or more person(s) or group of persons (including corporate entities) or to exempt them from the application of a statute.48 It may not be introduced by a Minister, and must be founded on a petition signed by the person(s) promoting it. Thus, the distinction between a public bill and a private bill is primarily a function of the purpose of the bill.
While 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. Private bills before the House are dealt with as Private Members’ Business since they may be moved only by Members who do not hold ministerial office. Although private bills must pass through the same stages as any other legislative measure, there are preliminary stages that must be completed before they are introduced.49
Bills that appear to be both public and private in nature are referred to as hybrid bills. While British parliamentary practice makes allowance for this type of bill,50 Canadian parliamentary procedure requires that all bills be designated either as public bills or as private bills.51 When a single bill incorporates both private and public considerations, it is dealt with as a public bill.52