Types of Bills
There are two main categories of bills:
public bills and private bills. While public bills deal with questions of
national interest, [42]
the purpose of private bills is to grant powers, special rights or exemptions to
a person or persons, including
corporations. [43]
Public Bills
Public bills may be initiated by a
Minister, in which case they are referred to as “government bills”.
They may also be initiated by private Members, in which case they are called
“private Members’ bills”.
Government Bills
A government bill is the text of a
legislative initiative that the government submits to Parliament to be approved,
and possibly amended, before becoming law. Such bills relate to a matter of
public interest and may include financial provisions.
Private Members’ Bills
A private Member’s bill is the text
of a legislative initiative that is submitted to Parliament by a Member who is
not a Minister to be approved, and possibly amended, before becoming law. Most
bills of this type originate in the House of Commons, but some of them are sent
to the Commons by the Senate.
Debate on private Member’s bills can
take place only during the hour set aside for “Private Members’
Business”. [44]
Before this kind of bill can be taken up for debate by the House, it must have
been selected following a random draw, as provided by the Standing
Orders. [45]
At least
two weeks must elapse between first and second readings of this type of
bill. [46]
Private Bills
The purpose of a private bill is to exempt
a person or group of persons, including a corporate person, from the application
of a statute. [47]
It
may not be introduced by a Minister, and must be founded on a petition signed by
the persons who are interested in promoting it. The distinction between a public
bill and a private bill is primarily a function of the purpose of the
bill.
Most private bills are introduced in the
Senate, but they may also be introduced in the House of Commons, although this
is a rarer occurrence. Private bills before the House are dealt with as Private
Members’ Business, since they are moved by Members who do not hold
ministerial office. Although private bills must go through the same stages as
any other legislative measure, there are other stages that must be completed
before they are introduced. [48]
Bills that seem to be both public and
private in nature are referred to as hybrid bills. While British parliamentary
practice allows this type of bill, that is not the case in the Canadian
Parliament. [49]
Canadian parliamentary procedure requires that all bills be classified as either
public bills or private
bills. [50]
When a
single bill contains both private bill and public bill considerations, it is
dealt with as a public
bill. [51]