Legislation

Legislative assembly

Formation

Preparation

Bills

Types

Government Bills

Private Bills

Process

  1. Policy

preliminary approval

drafting

Editting

Final Approval

first reading

second reading

Committee

Members Bills

cannot:

  • purely formal, not debated
  • explains purpose in general terms
  • just printed and distributed
  • interest persons invited to submit
    proposals for change before Bill reintroduced
  • debate of main principles of bill as a whole
  • not re-printed
  • clause by clause debate of Bill
  • can be amended
  • if amended must be reprinted unless unanimous consent

Report

Third reading

Royal Assent

Publication

numbering

1-200

introduced by

Minister

purpose

  • reflect gov policy
  • amend existing law
  • consolidate existing laws
  • enact new laws of general application

numbering

M201-M400

introduced

  • opposition MLA or backbencher
  • drafted without legislative counsel and rarely reach 2nd reading

purpose

  • enact new law
  • amend existing law
  • doesn't always reflect gov policy

AKA

Public Bills in the hands of Private Members

numbered

Pr401- etc.

introduced

-by petition to the House

  • under spoonsorship of an BLA

purpose

  • enact a provision not occuring in general law
    for benefit of particular person or group

requirements

  • must be favorably reported by Private Bills Committee
  • must be advertised prior to hearing before committee, and submissions of objection received
  • settle issues
  • propose administrative framework
  • analyze financial impact
  • consult other affected ministries
  • work out detail of regulations as needed

-final reading. Note debated here.

  • speaker announces it as an Act
  • made to cabinet 4-5 months before start of leg session
  • considered by Cabinet Committee and approved
  • Legislative Counsel draft bill
  • set standards for language, style, format
  • LG approval
  • needed before it becomes law
  • expert guidance
  • Legislative Editor proofreads and checks internal cross references, language, style, format, ambiguities, inconsistencies
  • assigned a chapter #
  • the Bill # doesn't matter anymore
  • certified copies provided by Law Clerk
  • forwarded to federal gov for approval
  • feds could disallow, but haven't since 1934
  • Legislation Committee approves for recommendation to full cabinet
  • new policy direction may be given
  • involve expenditure of public funds
  • provide for imposition of penalties
  • impose an obligation on the Crown
  • define an ofence
  • contain a tax

subordinate legislation

  • prepared by Legislative Counsel's office
  • use of redlining to show changes

Types

orders

purpose

regulations

process

  • appointment of persons
  • approval of Letters Patent
  • transfer of powers between ministers and ministries
  • lumber export permits
  • park land designation
  • Crown grants of land
  • highway closures
  • approval of regulations

subtypes

Orders in Council

Ministerial orders

  • not approved by cabinet
  • authority delegated is much narrower

Policy
determined by ministry

Instructions
sent to leg counsel for drafting

Order drafted by
ministry or agency and sent to leg counsel for approval

Order signed

by minister
(& usually premier)

by director, chair, judge, professional body, etc.

presented to cabinet

signed by Lt Gov

Order approved

by Cabinet

by minister

assigned an "M" #

assigned an Order in Council #

definition

an order that:

when?

  • directs the way someone must act
  • limits rights and freedoms
  • sets fees
  • affects the public, rather than an individual or small group
  • more than merely administrative
  • when empowering legislation says something may be prescribed or a regulation can be made
  • see s 1 of Reg Act
  • some (1/4) Orders in Council can also be regulations

process

Policy
determined by ministry

Instructions
sent to leg counsel for drafting

Order signed

by minister
(& usually premier)

by director, chair, judge, professional body, etc.

presented to cabinet

signed by Lt Gov

Regulation approved

  • BC Reg number assigned

by Cabinet

by minister

assigned an Order in Council #

assigned an "M" #

deposited with registrar of regulations

comes into force

the day it was deposited

an effective date stated on it

whichever comes later

comes into force

the day it is signed by the Lt Gov

an effective date stated in it

whichever comes later

  • consistes of elected MLAs
  • each election forms a new legislative Assembly (Parliament)

meetings in House

Minister, DM, ADM, may present to cabinet

Cabinet

Consists of

Ministers of major portforlios

Subgroups

  • membership determined by premier
  • minutes not final until ratified by cabinet
  • composed of MLA's and Honourable members of governing party

from cabinet

statutory Committees

Environment and Land Use Committee

Treasury Board

committees

  • Priorities and Accountability
    - Legislative Review
  • Sustainable shared prosperity
  • Social Initiatives
  • Reconciliation

working groups

  • Child Care
  • Housing
  • Mental Health and Addictions

Submissions

Booking

  • Dates of meetings are confidential
  • cannot reserve a specific time on an agenda.
  • "they'll call you" (ie, don't call them)

Process

Decorum

  • Minister or acting minister (not DM) should be present in person
  • ministry staff should be there before (DM and one ADM)

feedback

Record of Decision provided once minutes are ratified

strategic plan or
cabinet direction

policy development

Draft to treasury board

Draft to Order in Council Office

Sent to Cabinet Operations (CO)

  • 2-3 weeks
  • Feedback
  • tentative cabinet date

Penultimate draft to CO

Final submission

  • signed by Minister
  • original filed by CO

CO collates and distributes

committee review

Decision

Consultations

  • with whom
  • what did they say
  • did they support it
  • use Order in Council flowchart
  • further feedback
  • date finalized

Determine type

Fine?

Check List for Offence Act Violation Ticket Proposals

Approval

consultation

  • ICBC via PSSG
  • Treasury Board Staff
  • Legislative Counsel
    (signed by minister w/ line for AG)

Forms

  • OIC Distribution
  • Regulatory Criteria Exemption

no fine

level of review

"For attention"

Routine

OIC Checklist

OIC information sheet

  • Business and Economic Implications Questionnaire
  • Regulatory Criteria Checklist
  • Leg counsel approval re indigenous consultations
  • get a log number

Criminal Justice Branch

cover sheet drafted & tagged by Leg Counsel

DM signs

Minister signs

OIC Coordinator reviews

deficiencies identified & addressed

Minister approves & signs

OIC scheduled

Summary finalized

Cabinet

Decision

Not approved

approved

signed by Premier or Presiding member

signed by Lt Gov

distributed and resume produced for publication on Queen's printer website by OIC Office

sitting

session

numbered since first one in 1872

can be

convened

by proclamation

prorogued

dissolved

temporarily adjourned

chaired by Minister of Finance