ODA Committee Update
dated Sept. 21, 2004
posted Oct. 11, 2004

ONTARIANS WITH DISABILITIES ACT COMMITTEE UPDATE ODA Committee Provides Introductory Guide On The Process That An ODA Bill Goes Through At The Ontario Legislature September 21, 2004 SUMMARY The Ontario Government has committed to introduce a new ODA bill this fall. The ODA Committee wants to help all ODA supporters follow and take full part in the legislative process. To help with this, the ODA Committee is again circulating a guide on the process a bill goes through when it is before the Legislature. (See below) We circulated an earlier version of this Guide in 2001 when the previous conservative Government was about to introduce its ODA bill. We hope you find this Guide helpful and informative. It is written for readers who are not familiar with the details of the Legislature's workings. Circulate this Guide to others who might find it helpful. Send us your feedback at: oda@odacommittee.net   ***** Ontarians with Disabilities Act Committee HOW A BILL MAKES ITS WAY THROUGH THE ONTARIO LEGISLATURE An Guide for ODA Supporters September 20, 2004 INTRODUCTION The Ontario Government has committed to introduce its new ODA bill into the Legislature this fall. You might find it helpful to review background information on the steps that a bill must take to become a law. Especially for those who are newcomers to this process, it can seem unpredictable and confusing. We hope this introduction will help ODA supporters. We explain the steps in this process, including three votes by all MPPs and possible Legislative Committee proceedings and hearings in between these votes. STEPS FOR GETTING A BILL THROUGH THE LEGISLATURE (a) General When a law has been passed by the Ontario Legislature it is called "legislation" or a "statute" or an "Act". New legislation must first start out as a "bill." A "bill" is a proposal for a new law. A bill is written just like a piece of legislation but it has not yet become a law. To get before the Legislature to be considered, an MPP (member of Provincial Parliament) must introduce a bill into the Legislature. Once a bill is introduced into the Legislature, it is up to the Legislature to decide whether to pass it into law. Until it is passed into law, it continues to be called a "bill." Once it is introduced, a bill is given a bill number. When it is dealt with by the Legislature, it is referred to by that number e.g. Bill 125. Only after a bill is passed into law, can it be called a "statute" or an "Act," like the "Ontarians with Disabilities Act."Thus, we talk about the Government planning to introduce an "ODA bill" this fall into the Legislature. A bill does not become a law unless a majority in the Legislature votes in favour of it three separate times. Each vote is called a "reading." The separate votes on the bill are called first, second and third readings. If the bill is defeated at one of these readings, it dies and does not proceed any further. If a bill dies and an MPP wants to start again, he or she must re-introduce it and the whole process can start all over again. In describing the steps that it takes to get a bill through the Legislature, it is assumed here that the Government party has a majority of the seats in the Legislature which is the case right now for the Liberal Government. In this situation, the Government has general control over the process and the timing of the bill. Things are very different where there is a "minority government." This summary does not address that situation. If the Government party has a majority in the Legislature, it can usually ensure that a bill passes all three readings. The bill will pass unless enough of the Government's individual members take the unusual step of voting against their own party's bill. That happens infrequently. If the Government has a majority it can also pass a motion for "time allocation" or "closure" at any point in the process. This motion can impose time limits on how long the Legislature will spend debating the bill at any of the stages of the process described here. (b) First Reading The Government decides when it will place a bill before the Legislature for first reading. The government can decide if it wants to tell the public in advance when it plans to introduce the bill. We have asked the Government to give persons with disabilities notice of each time the ODA bill will be taking a major step in the Legislature so that persons with disabilities can make arrangements to attend the proceedings. When the bill is first introduced into the Legislature for first reading, the Minister who is sponsoring the bill stands up, tables the bill and moves a motion for first reading. There is an immediate vote. There is no debate over the content of a bill at this point. When the MPPs vote on the bill at first reading, they usually give the bill unanimous approval regardless of its content. The fact that the bill passed first reading means only that it is now a bill before the Legislature. It is not yet a law which the public must obey. The minister who introduces the bill will then make a speech summarizing what the bill contains, either right then or a little while later that day. No amendments to the bill are discussed or voted on at this time. (c) Second Reading After a bill has received first reading, the Government decides when it will bring that bill forward again to the Legislature for second reading. It can do so at whatever time it wishes, either a few days later or weeks or even months later. This is subject to some rules that may limit how many steps can be taken on a bill in a single day. When the government brings its bill forward for "second reading," MPPs usually have the opportunity to make speeches for or against the bill before they all vote. This is subject to any time limits imposed by a "time allocation" or "closure" motion. The "second reading" vote is called "approval in principle." The idea at this point is that the Legislature is deciding whether to approve the principle of the bill at this stage. However MPPs may plan to suggest changes to improve the bill before the final vote on the bill. Again, amendments to the contents of the bill are not discussed or voted on at this time. (d) Public Hearings on the Bill Before a Committee of the Legislature Once a bill has passed second reading, the Legislature, dominated by the Government's majority, may decide to have the bill sent to a committee of the Legislature for study and debate before the Legislature again considers it at third reading. Infrequently the Legislature may send a bill to Committee right after first reading, rather than waiting for second reading. This is considered to be a signal that the Government is more open to the idea of seriously entertaining major amendments to the bill. A majority of the members of each Legislative committee come from the governing Liberal Party since that party has a majority of seats in the Legislature. There will also be members from the two opposition parties on the committee. Because the Government has a majority, it controls the proceedings at the committee including the time spent on any bill. This legislative committee can choose to hold public hearings if it wishes. "Hearings" before a legislative committee at this stage are very different from previous consultations that the Government has conducted on the ODA issue. For example: (a) Previous consultations by the Government usually do not involved the opposition parties at all. In contrast, in the case of a Legislative Committee's "public hearings," all three parties may be on the Legislative Committee that holds the hearings. (b) In previous Government consultations on the ODA, they have not brought forward a specific bill for us to comment on. In contrast, the Legislative Committee's public hearings would focus on a specific bill before the Legislature. Public hearings usually take place at Queen's Park in Toronto. However, there are some occasions when a Legislative Committee has agreed to hold Legislative Committee public hearings outside Toronto as well. The ODA Committee has urged that open, accessible hearings be held on any new ODA bill, and that these travel outside Toronto. The Legislative Committee decides who it will allow to make presentations at its public hearings. Even if the legislative committee decides to hold public hearings on a bill, there is certainly no guarantee that the committee will allow anyone and everyone to make a presentation who wants to do so. If one is not allowed to make a presentation in person, the Committee will accept written submissions. It is hard to know how many MPPs on the Committee read the written submissions, and what they do with them. Once the ODA Committee learns which Committee will be dealing with the forthcoming ODA bill, and how to apply to make a presentation to that committee, we will publicize this information. Ultimately with its majority, the Government decides whether there will be hearings, and if so, where and when and for how long there will be hearings. When in opposition, the Liberal Party was on record supporting accessible public hearings. (e) Detailed Study of the Bill by the Legislative Committee After the Committee holds hearings, it undertakes "clause-by-clause" debate on the bill. During this, the Committee goes through the bill, one section at a time. It is only at this time that the Committee considers possible amendments to the bill. Any MPP on the Legislative Committee can put forward amendments, including MPPs from the opposition parties. The Government may itself place a package of amendments before the Committee to respond to the matters raised during the hearings that the Government thinks deserve some action or correction. In the case of the ODA bill, we can expect that the Government MPPs will take their directions from the Citizenship Minister or the Premier's office on which amendments they can vote for, and which they should vote against. It is possible during this process to get some changes made to a bill. Members of the public can contact individual MPPs, and especially those on the Committee, to urge desired amendments. The membership of the Committee may not be the same as those posted on the Legislature's web site. Sometimes other MPPs substitute in for the usual members of the Committee. It is always worthwhile to approach any MPP, and especially any Government MPP, to advocate for amendments that you want. (f) Third Reading If the bill goes to the Committee after second reading, then once the legislative committee finishes its work on the bill, the Government can bring the bill back before the Legislature for its third and final reading. If the Government sends the bill to Committee after first reading, then the Government decides whether or when to bring the bill back before the Legislature for second and third reading. If a Government decides in the interim that it no longer wants to proceed with the bill, it may never bring it back before the Legislature. Before the third reading vote, MPPs again can make speeches about the bill, called "third reading debate." Again, the Government can limit the time for this debate with a motion for "time allocation" or "closure." Amendments generally cannot be put forward at third reading. Finally, the Legislature is asked to make its third and final vote on the bill. If the bill is defeated at this stage, it is dead. (g) Royal Assent If the bill passes third reading, then it must go through one more formality. The bill goes to the Lieutenant Governor of the Province of Ontario to get Royal Assent. This formality is automatically given. At this stage, we say that the bill has been passed into law. (h) Proclamation of the Bill This is not necessarily the end of the process. Sometimes a bill states that it does not go into effect until the Cabinet "proclaims" it. This gives Cabinet the power to delay the law actually going into operation until some future date that the Cabinet chooses. We do not know if the Government plans to include this kind of clause in its ODA bill. WHAT IF THE LEGISLATURE TAKES A BREAK BEFORE COMPLETING THIS PROCESS? What happens if the bill does not make it all the way through all three readings before the Legislature stops sitting some time in December before the holidays? The answer is not clear or simple. The Legislature sits for a prolonged period called a "session." Each session begins with a Speech from the Throne, during which the Government announces its plans for that session. The Legislature's session then continues until the Government decides to end the session. It ends the session by taking a formal step called "proroguing" the Legislature. It is up to the Government alone to decide when to "prorogue" the Legislature, and when to call the Legislature back for a new session. If the Legislature decides to take a break over the holidays, and the Government chooses not to "prorogue" the Legislature, then it is said that the Legislature has "adjourned" the current session for the holidays. When the Legislature comes back, the session merely resumes where it left off. All bills that are in progress continue to be alive, and can pick up where they left off in December. If the Legislature adjourns this December, and if an ODA bill receives second reading before it adjourns, then it is possible that a legislative committee will deal with the bill over the winter break. This could include public hearings over that period, if the Government agrees to do this. On the other hand, if the Government chooses to prorogue the Legislature after it finishes its sittings in December, then all bills before the Legislature "die on the order paper." Normally the Government has to start all over from scratch when the Legislature resumes. If the ODA bill dies on the order paper at Christmas time, the Government would have to re-introduce it when the new session begins some time in the new year, with first reading happening all over again. Even if the Government decides in late December to prorogue the Legislature, there is one way for the Government to keep an ODA bill alive over the winter, and even to hold public hearings over that time. All the Legislature has to do is to pass a motion in December, before they rise and prorogue, declaring that the ODA bill will be carried forward into the new session, and that the Legislative Committee can hold hearings on the ODA bill over the winter. The Government would of course have to agree to this. HOW DO YOU GET A COPY OF THE ODA BILL WHEN INTRODUCED? When a bill is introduced, it usually takes the Legislature two to five days to get the bill printed up. After that you can find it on the Legislature's web site at: http://www.ontla.on.ca As soon as the bill receives first reading, you can ask the Citizenship Minister's office for a copy of the bill, by writing: Dr. Marie Bountrogianni, Minister of Citizenship 400 University Avenue 6th Floor Toronto ON M7A 2R9 The ODA Committee will circulate the ODA bill as soon as it can, through Email and its own web site at: http://www.odacommittee.net

 

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