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Legislation (Preparation (Bills (Types (Members Bills (cannot: (involve…
Legislation
Preparation
Bills
Types
Government Bills
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purpose
- reflect gov policy
- amend existing law
- consolidate existing laws
- enact new laws of general application
Private Bills
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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
Members Bills
cannot:
- involve expenditure of public funds
- provide for imposition of penalties
- impose an obligation on the Crown
- define an ofence
- contain a tax
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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
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Process
preliminary approval
drafting
Editting
Final Approval
first reading
- 2 more items...
- Legislation Committee approves for recommendation to full cabinet
- new policy direction may be given
- expert guidance
- Legislative Editor proofreads and checks internal cross references, language, style, format, ambiguities, inconsistencies
- Legislative Counsel draft bill
- set standards for language, style, format
- made to cabinet 4-5 months before start of leg session
- considered by Cabinet Committee and approved
Minister, DM, ADM, may present to cabinet
- settle issues
- propose administrative framework
- analyze financial impact
- consult other affected ministries
- work out detail of regulations as needed
subordinate legislation
Types
orders
purpose
- 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
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subtypes
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Ministerial orders
- not approved by cabinet
- authority delegated is much narrower
regulations
definition
an order that:
- 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?
- 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
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Cabinet
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Submissions
Booking
- Dates of meetings are confidential
- cannot reserve a specific time on an agenda.
- "they'll call you" (ie, don't call them)
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Decorum
- Minister or acting minister (not DM) should be present in person
- ministry staff should be there before (DM and one ADM)
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Consultations
- with whom
- what did they say
- did they support it
Legislative assembly
Formation
- consistes of elected MLAs
- each election forms a new legislative Assembly (Parliament)
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