As stated with the Interpretation Act, which provides rules for the interpretation of legislation,
Contents:
- Meaning in Canada
- Enacting Clause of Acts
- Duality of legal traditions and application of provincial law
- Terminology
- Provisions in private Acts No provision in a private Act affects the rights of any person, except as therein mentioned or referred to.
- Law always speaking
- Legislations deemed remedial Every legislation is deemed remedial, and shall be given such fair, large and liberal construction and interpretation as best ensures the attainment of its objects.
- Marginal notes and historical references
- Marginal notes and references to former legislations that appear after the end of a section or other division in legislation (or piece of legislation) form no part of the legislation, but are inserted for convenience of reference only.
- Application of definitions and interpretation rules
- Interpretation sections subject to exceptions
- Words in regulations
- Her Majesty not bound or affected unless stated No legislation is binding on Her Majesty or affects Her Majesty or Her Majesty’s rights or prerogatives in any manner, except as mentioned or referred to in the legislation.
- Proclamation
- Proclamation to be issued on advice
- Effective day of proclamations
- Administration of oaths
- Where justice of peace empowered
- Banking business
- Evidence
- Queen’s Printer
- Reference to provincial court judge, etc.
- Powers to be exercised as required
- “Commonwealth” or “Commonwealth of Nations”
- “Commonwealth and Dependent Territories”
- “Clerk of the Privy Council” or “Clerk of the Queen’s Privy Council”
- diplomatic or consular officer
- “Governor General” or “Governor of Canada”
- “Governor General in Council” or “Governor in Council”
- Great Seal
- “Her Majesty”, “His Majesty”, “the Queen”, “the King” or “the Crown”
- “Her Majesty’s Realms and Territories”
- “legislative assembly”, “legislative council” or “legislature”
- Lieutenant governor
- “lieutenant governor in council”
- “oath” and “sworn”
- “regular force”
- “reserve force”
- “security” and “sureties”
- Construction of “telegraph”
- Common names
- Citation of legislation
- Citation includes amendment
- Reference to two or more parts, etc.
- Reference in legislations to parts, etc.
- Reference in legislation to subsections, etc.
- Reference to regulations A reference in legislation (or piece of legislation) to regulations shall be read as a reference to regulations made under the legislation in which the reference occurs.
- Reference to another legislation
- Effect of demise of Crown
- Continuation of proceedings
Meaning in Canada
As stated by the Canada´s Interpretation Act, which provides rules for the interpretation of legislation,
“Act” means an Act of Parliament. French: Loi.
“enact” includes to issue, make or establish.
“public officer”
“public officer” includes any person in the federal public administration who is authorized by or under legislation (or piece of legislation) to do or enforce the doing of an act or thing or to exercise a power, or on whom a duty is imposed by or under legislation (or piece of legislation). French: fonctionnaire public
“regulation”
“regulation” includes an order, regulation, rule, rule of court, form, tariff of costs or fees, letters patent, commission, warrant, proclamation, by-law, resolution or other instrument issued, made or established
o (a) in the execution of a power conferred by or under the authority of an Act, or
o (b) by or under the authority of the Governor in Council.
“repeal” includes revoke or cancel.
Expired and replaced legislations. legislation (or piece of legislation) that has been replaced is repealed and legislation (or piece of legislation) that has expired, lapsed or otherwise ceased to have effect is deemed to have been repealed.
Act Application
Every provision of an Act applies, unless a contrary intention appears, to every legislation, whether enacted before or after the commencement of this Act.
Enacting clause
Enacting Clause of Acts
The enacting clause of an Act in Canada may be in the following form:
“Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:”.
Order of clauses
The enacting clause of an Act shall follow the preamble, if any, and the various provisions within the purview or body of the Act shall follow in a concise and enunciative form.
Royal assent
The Clerk of the Parliaments shall endorse on every Act, immediately after its title, the day, month and year when the Act was assented to in Her Majesty’s name and the endorsement shall be a part of the Act.
Duality of legal traditions
Duality of legal traditions and application of provincial law
Both the common law and the civil law are equally authoritative and recognized sources of the law of property and civil rights in Canada and, unless otherwise provided by law, if in interpreting legislation (or piece of legislation) it is necessary to refer to a province’s rules, principles or concepts forming part of the law of property and civil rights, reference must be made to the rules, principles and concepts in force in the province at the time the legislation is being applied.
Terminology
Unless otherwise provided by law, when legislation (or piece of legislation) contains both civil law and common law terminology, or terminology that has a different meaning in the civil law and the common law, the civil law terminology or meaning is to be adopted in the Province of Quebec and the common law terminology or meaning is to be adopted in the other provinces.
Private Act
Provisions in private Acts
No provision in a private Act affects the rights of any person, except as therein mentioned or referred to.
Law Speaking
Law always speaking
The law shall be considered as always speaking, and where a matter or thing is expressed in the present tense, it shall be applied to the circumstances as they arise, so that effect may be given to the legislation according to its true spirit, intent and meaning.
Remedial
Legislations deemed remedial
Every legislation is deemed remedial, and shall be given such fair, large and liberal construction and interpretation as best ensures the attainment of its objects.
Preamble
The preamble of legislation (or piece of legislation) shall be read as a part of the legislation intended to assist in explaining its purport and object.
Marginal Notes
Marginal notes and historical references
Marginal notes and references to former legislations that appear after the end of a section or other division in legislation (or piece of legislation) form no part of the legislation, but are inserted for convenience of reference only.
Interpretation Provisions
Application of definitions and interpretation rules
Definitions or rules of interpretation in legislation (or piece of legislation) apply to all the provisions of the legislation, including the provisions that contain those definitions or rules of interpretation.
Interpretation sections subject to exceptions
Where legislation (or piece of legislation) contains an interpretation section or provision, it shall be read and construed
o (a) as being applicable only if a contrary intention does not appear; and
o (b) as being applicable to all other legislations relating to the same subject-matter unless a contrary intention appears.
Regulations
Words in regulations
Where legislation (or piece of legislation) confers power to make regulations, expressions used in the regulations have the same respective meanings as in the legislation conferring the power.
Majesty
Her Majesty not bound or affected unless stated
No legislation is binding on Her Majesty or affects Her Majesty or Her Majesty’s rights or prerogatives in any manner, except as mentioned or referred to in the legislation.
Proclamation
Proclamation
Where legislation (or piece of legislation) authorizes the issue of a proclamation, the proclamation shall be understood to be a proclamation of the Governor in Council.
Proclamation to be issued on advice
Where the Governor General is authorized to issue a proclamation, the proclamation shall be understood to be a proclamation issued under an order of the Governor in Council, but it is not necessary to mention in the proclamation that it is issued under such an order.
Effective day of proclamations
A proclamation that is issued under an order of the Governor in Council may purport to have been issued on the day of the order or on any subsequent day and, if so, takes effect on that day.
OATHS
Administration of oaths
Where, by legislation (or piece of legislation) or by a rule of the Senate or House of Commons, evidence under oath is authorized or required to be taken, or an oath is authorized or directed to be made, taken or administered, the oath may be administered, and a certificate of its having been made, taken or administered may be given by
o (a) any person authorized by the legislation or rule to take the evidence. French: or
o (b) a judge of any court, a notary public, a justice of the peace or a commissioner for taking affidavits, having authority or jurisdiction within the place where the oath is administered.
Where justice of peace empowered
Where power is conferred on a justice of the peace to administer an oath or solemn affirmation or to take an affidavit or declaration, the power may be exercised by a notary public or a commissioner for taking oaths.
Reports to Parliament
Where an Act requires a report or other document to be laid before Parliament and, in compliance with the Act, a particular report or document has been laid before Parliament at a session thereof, nothing in the Act shall be construed as requiring the same report or document to be laid before Parliament at any subsequent session.
Banking business
No corporation is deemed to be authorized to carry on the business of banking unless that power is expressly conferred on it by the legislation establishing the corporation.
Corporate name
Where legislation establishes a corporation and in each of the English and French versions of the legislation the name of the corporation is in the form only of the language of that version, the name of the corporation shall consist of the form of its name in each of the versions of the legislation.
Documentary evidence
Evidence
Where legislation (or piece of legislation) provides that a document is evidence of a fact without anything in the context to indicate that the document is conclusive evidence, then, in any judicial proceedings, the document is admissible in evidence and the fact is deemed to be established in the absence of any evidence to the contrary.
Queen’s Printer
Every copy of legislation (or piece of legislation) having printed thereon what purports to be the name or title of the Queen’s Printer and Controller of Stationery or the Queen’s Printer is deemed to be a copy purporting to be printed by the Queen’s Printer for Canada.
Reference to Courts
Reference to provincial court judge, etc.
Where anything is required or authorized to be done by or before a judge, provincial court judge, justice of the peace or any functionary or officer, it shall be done by or before one whose jurisdiction or powers extend to the place where the thing is to be done.
Ancillary powers
Where power is given to a person, officer or functionary to do or enforce the doing of any act or thing, all such powers as are necessary to enable the person, officer or functionary to do or enforce the doing of the act or thing are deemed to be also given.
Power Exercised
Powers to be exercised as required
Where a power is conferred or a duty imposed, the power may be exercised and the duty shall be performed from time to time as occasion requires.
Power to repeal
Where a power is conferred to make regulations, the power shall be construed as including a power, exercisable in the same manner and subject to the same consent and conditions, if any, to repeal, amend or vary the regulations and make others.
Forms
Where a form is prescribed, deviations from that form, not affecting the substance or calculated to mislead, do not invalidate the form used.
Gender
Words importing female persons include male persons and corporations and words importing male persons include female persons and corporations.
Number
Words in the singular include the plural, and words in the plural include the singular.
“Act”, as meaning an Act of a legislature, includes an ordinance of the Northwest Territories and a law of the Legislature of Yukon or of the Legislature for Nunavut. French: loi provinciale
“bank” means a bank listed in Schedule I or II to the Canadian Bank Act . French: banque
Commonwealth
“Commonwealth” or “Commonwealth of Nations”
“British Commonwealth” or “British Commonwealth of Nations” has the same meaning as “Commonwealth”. “Commonwealth” or “Commonwealth of Nations” means the association of countries named in the schedule. French: « Commonwealth », « Commonwealth britannique », « Commonwealth des nations » ou « Commonwealth des nations britanniques »
“Commonwealth and Dependent Territories”
“Commonwealth and Dependent Territories” means the several Commonwealth countries and their colonies, possessions, dependencies, protectorates, protected states, condominiums and trust territories. French: Commonwealth et dépendances
“broadcasting” means any radio communication in which the transmissions are intended for direct reception by the general public. French: radiodiffusion
“Waters” includes the territorial sea of Canada and the internal waters of Canada. French: eaux
Privy Council
“Clerk of the Privy Council” or “Clerk of the Queen’s Privy Council”
“Clerk of the Privy Council” or “Clerk of the Queen’s Privy Council” means the Clerk of the Privy Council and Secretary to the Cabinet. French: « greffier du Conseil privé » ou « greffier du Conseil privé de la Reine »
“contiguous zone”,
o (a) in relation to Canada, means the contiguous zone of Canada as determined under the Canadian Oceans Act , and
o (b) in relation to any other state, means the contiguous zone of the other state as determined in accordance with international law and the domestic laws of that other state.
o French: zone contiguë
“continental shelf”,
o (a) in relation to Canada, means the continental shelf of Canada as determined under the Canadian Oceans Act , and
o (b) in relation to any other state, means the continental shelf of the other state as determined in accordance with international law and the domestic laws of that other state.
o French: plateau continental
“contravene”
“contravene” includes fail to comply with. French: contravention
“corporation”
“corporation” does not include a partnership that is considered to be a separate legal entity under provincial law. French: personne morale
“county” includes two or more counties united for purposes to which the legislation relates. French: comté
Diplomatic officer
diplomatic or consular officer
“diplomatic or consular officer” includes an ambassador, envoy, minister, chargé d’affaires, counsellor, secretary, attaché, consul-general, consul, vice-consul, pro-consul, consular agent, acting consul-general, acting consul, acting vice-consul, acting consular agent, high commissioner, permanent delegate, adviser, acting high commissioner, and acting permanent delegate. French: agent diplomatique ou consulaire
“exclusive economic zone”
exclusive economic zone
o (a) in relation to Canada, means the exclusive economic zone of Canada as determined under the Canadian Oceans Act and includes the seabed and subsoil below that zone, and
o (b) in relation to any other state, means the exclusive economic zone of the other state as determined in accordance with international law and the domestic laws of that other state.
o French: zone économique exclusive
“Governor”,
“Governor General” or “Governor of Canada”
“Governor”, “Governor General” or “Governor of Canada” means the Governor General of Canada or other chief executive officer or administrator carrying on the Government of Canada on behalf and in the name of the Sovereign, by whatever title that officer is designated. French: « gouverneur », « gouverneur du Canada » ou « gouverneur général »
Governor in Council
“Governor General in Council” or “Governor in Council”
“Governor General in Council” or “Governor in Council” means the Governor General of Canada acting by and with the advice of, or by and with the advice and consent of, or in conjunction with the Queen’s Privy Council for Canada. French: « gouverneur en conseil » ou « gouverneur général en conseil »
Seal
Great Seal
“Great Seal” means the Great Seal of Canada. French: grand sceau
Crown
“Her Majesty”, “His Majesty”, “the Queen”, “the King” or “the Crown”
“Her Majesty”, “His Majesty”, “the Queen”, “the King” or “the Crown” means the Sovereign of the United Kingdom, Canada and Her other Realms and Territories, and Head of the Commonwealth. French: « Sa Majesté », « la Reine », « le Roi » ou « la Couronne »
“Her Majesty’s Realms and Territories”
“Her Majesty’s Realms and Territories” means all realms and territories under the sovereignty of Her Majesty. French: royaumes et territoires de Sa Majesté
“herein”
“herein” used in any legislation section shall be understood to relate to the whole legislation, and not to that section only.
legislature
“legislative assembly”, “legislative council” or “legislature”
“legislative assembly”, “legislative council” or “legislature” includes the Lieutenant Governor in Council and the Legislative Assembly of the Northwest Territories, as constituted before September , , the Legislature of Yukon, the Commissioner in Council of the Northwest Territories, and the Legislature for Nunavut.
French: « législature », « assemblée législative » ou « conseil législatif »
Lieutenant governor
Lieutenant governor
“lieutenant governor” means the lieutenant governor or other chief executive officer or administrator carrying on the government of the province indicated by the legislation, by whatever title that officer is designated, and in Yukon, the Northwest Territories and Nunavut means the Commissioner.
French: lieutenant-gouverneur
“lieutenant governor in council”
“lieutenant governor in council” means the lieutenant governor acting by and with the advice of, by and with the advice and consent of, or in conjunction with, the executive council of the province indicated by the legislation, and in Yukon, means the Commissioner of Yukon acting with the consent of the Executive Council of Yukon and, in the Northwest Territories and Nunavut, means the Commissioner.
French: « lieutenant-gouverneur en conseil »
“local time”
“local time”, in relation to any place, means the time observed in that place for the regulation of business hours.
French: heure locale
“military”
“military” shall be construed as relating to all or any part of the Canadian Forces. French: militaire
Sworn
“oath” and “sworn”
“oath” includes a solemn affirmation or declaration when the context applies to any person by whom and to any case in which a solemn affirmation or declaration may be made instead of an oath, and in the same cases the expression “sworn” includes the expression “affirmed” or “declared”.
French: serment
“person”
“person”, or any word or expression descriptive of a person, includes a corporation. French: personne
“proclamation”
“proclamation” means a proclamation under the Great Seal. French: proclamation
“province”
“province” means a province of Canada, and includes Yukon, the Northwest Territories and Nunavut. French: province
Radiocommunication
“radio” or “radiocommunication” means any transmission, emission or reception of signs, signals, writing, images, sounds or intelligence of any nature by means of electromagnetic waves of frequencies lower than GHz propagated in space without artificial guide. French: radiocommunication ou radio
Militar Law
“regular force”
“regular force” means the component of the Canadian Forces that is referred to in the Canadian Defence legislation as the regular force. French: force régulière
“reserve force”
“reserve force” means the component of the Canadian Forces that is referred to in the Canadian Defense Act as the reserve force. French: force de réserve
Sureties
“security” and “sureties”
“security” means sufficient security, and “sureties” means sufficient sureties, and when those words are used one person is sufficient therefor, unless otherwise expressly required. French: caution ou cautionnement
“statutory declaration”
“statutory declaration” means a solemn declaration made pursuant to section of the Canadian Defence legislation. French: déclaration solennelle
“telecommunications”
“telecommunications” means the emission, transmission or reception of signs, signals, writing, images, sounds or intelligence of any nature by any wire, cable, radio, optical or other electromagnetic system, or by any similar technical system. French: télécommunication
“territorial sea”
“territorial sea”,
o (a) in relation to Canada, means the territorial sea of Canada as determined under the Canadian Oceans legislation and includes the airspace above and the seabed and subsoil below that sea, and
o (b) in relation to any other state, means the territorial sea of the other state as determined in accordance with international law and the domestic laws of that other state.
French: mer territoriale
“territory”
“territory” means Yukon, the Northwest Territories and Nunavut. French: territoires
“two justices”
“two justices” means two or more justices of the peace, assembled or acting together. French: deux juges de paix
“writing”
“writing”, or any term of like import, includes words printed, typewritten, painted, engraved, lithographed, photographed or represented or reproduced by any mode of representing or reproducing words in visible form. French: écrit
telegraph
Construction of “telegraph”
The expression “telegraph” and its derivatives, in legislation (or piece of legislation) or in an Act of the legislature of any province enacted before that province became part of Canada on any subject that is within the legislative powers of Parliament, are deemed not to include the word “telephone” or its derivatives.
Name
Common names
The name commonly applied to any country, place, body, corporation, society, officer, functionary, person, party or thing means the country, place, body, corporation, society, officer, functionary, person, party or thing to which the name is commonly applied, although the name is not the formal or extended designation thereof.
Act Citation
Citation of legislation
In legislation (or piece of legislation) or document,
o (a) an Act may be cited by reference to its chapter number in the Revised Statutes, by reference to its chapter number in the volume of Acts for the year or regnal year in which it was enacted or by reference to its long title or short title, with or without reference to its chapter number;
o (b) a regulation may be cited by reference to its long title or short title, by reference to the Act under which it was made or by reference to the number or designation under which it was registered by the Clerk of the Privy Council.
Citation includes amendment
A citation of or reference to legislation (or piece of legislation) is deemed to be a citation of or reference to the legislation as amended.
Act Reference
Reference to two or more parts, etc.
A reference in legislation (or piece of legislation) by number or letter to two or more parts, divisions, sections, subsections, paragraphs, subparagraphs, clauses, subclauses, schedules, appendices or forms shall be read as including the number or letter first mentioned and the number or letter last mentioned.
Reference in legislations to parts, etc.
A reference in legislation (or piece of legislation) to a part, division, section, schedule, appendix or form shall be read as a reference to a part, division, section, schedule, appendix or form of the legislation in which the reference occurs.
Reference in legislation to subsections, etc.
A reference in legislation (or piece of legislation) to a subsection, paragraph, subparagraph, clause or subclause shall be read as a reference to a subsection, paragraph, subparagraph, clause or subclause of the section, subsection, paragraph, subparagraph or clause, as the case may be, in which the reference occurs.
Reference to regulations
A reference in legislation (or piece of legislation) to regulations shall be read as a reference to regulations made under the legislation in which the reference occurs.
Reference to another legislation
A reference in legislation (or piece of legislation) by number or letter to any section, subsection, paragraph, subparagraph, clause, subclause or other division or line of another legislation shall be read as a reference to the section, subsection, paragraph, subparagraph, clause, subclause or other division or line of such other legislation as printed by authority of law.
Demise
Effect of demise of Crown
Where there is a demise of the Crown,
o (a) the demise does not affect the holding of any office under the Crown in right of Canada;
o (b) it is not necessary by reason of the demise that the holder of any such office again be appointed thereto or, having taken an oath of office or allegiance before the demise, again take that oath.
Continuation of proceedings
No writ, action or other process or proceeding, civil or criminal, in or issuing out of any court established by an Act is, by reason of a demise of the Crown, determined, abated, discontinued or affected, but every such writ, action, process or proceeding remains in full force and may be enforced, carried on or otherwise proceeded with or completed as though there had been no such demise.
….
In British Columbia
British Columbia (Canada) Interpretation Act
“acquire” means to obtain by any method and includes accept, receive, purchase, be vested with, lease, take possession, control or occupation of, and agree to do any of those things, but does not include expropriate;
“commercial paper” includes a bill of exchange, cheque, promissory note, negotiable instrument, conditional sale agreement, lien note, hire purchase agreement, chattel mortgage, bill of lading, bill of sale, warehouse receipt, guarantee, instrument of assignment, things in action and any document of title that passes ownership or possession and on which credit can be raised;
“barrister” or “solicitor” or “barrister and solicitor” means a practising lawyer as defined in section 1 (1) of the Legal Profession Act;
“peace officer” includes
(a) a mayor, sheriff and sheriff’s officer,
(b) a warden, correctional officer, and any other officer or permanent employee of a penitentiary, prison, correctional centre or youth custody centre, and
(c) a police officer, police constable, constable or other person employed for the preservation and maintenance of the public peace;
“savings institution” means
(a) a bank,
(b) a credit union,
(c) an extraprovincial trust corporation authorized to carry on deposit business under the Financial Institutions Act, or
(d) a corporation that is a subsidiary of a bank and is a loan company to which the Trust and Loan Companies Act (Canada) applies;
……….
En USA
Forms of Legislative Business
All proposed legislation, and nearly all formal actions by either of the two Houses, take the form of a bill or resolution.
A bill is a legislative proposal of a general nature. A bill may propose either a public or private matter, but both are numbered in the same sequence. Public bills are the most
numerous. Private bills are designed to affect or benefit specific individuals or groups of individuals. Together, bills account for a large majority of the total of legislative proposals of each Congress. The Senate numbers bills in sequence starting with number 1, and each number is preceded by the designation “S”. House bills are similarly numbered and prefaced by “H.R.” Thus, bill number 100 in the Senate is written S. 100, and in the House, H.R. 100.
Joint resolutions, which have the same effect as bills unless they are used to propose amendments to the Constitution, are designated “S.J. Res. ___.” Concurrent resolutions, which are designated “S. Con. Res. ___” for Senate concurrent resolutions, are chosen to express the sense of the Congress to the President or other parties; to attend to “housekeeping” matters affecting both Houses, such as the creation of a joint committee; or to carry proposals to correct the language of measures passed by one House (an engrossment) or both Houses (an enrollment). All concurrent resolutions, including corrective resolutions, must be agreed to in both the Senate and House. One House may seek to correct a measure it passed, or both Houses may wish to correct a measure awaiting the President’s signature.
The former may be accomplished merely by specifying what changes or additions are to be made and requesting the other House to make them, or requesting the return of the measure to the originating House for that purpose. Correction of measures already sent to the President, however, are made after agreement of both Houses to concurrent resolutions requesting return of the measures from the White House. Such resolutions include a resolve that if and when a measure is returned, the action of the Presiding Officers of the two Houses in signing the measure shall be deemed rescinded, and the Secretary of the Senate or the Clerk of the House is authorized and directed in the re-enrollment of the measure to make the necessary corrections. The corrected measure (bill or joint resolution) is then again signed by the Secretary of the Senate or the Clerk of the House, the Speaker, and the Vice President and again delivered to the White House.
Finally there is the designation of “S. Res. ___” for Senate resolutions, which are used primarily to express the sense of the Senate only, or to take care of “housekeeping” matters, including changes in rules, that apply only to the Senate.
When the question of agreement to, or formal acceptance of, a resolution is raised, concurrent and simple resolutions are agreed to or adopted, whereas bills and joint resolutions are passed.
In the House of Representatives, measures have the following designations: “H.R. ___,” for House bills; “H.J.Res. ___,” for House joint resolutions; “H. Con. Res. ___,” for House concurrent resolutions; and “H. Res. ___,” for House resolutions. Bills and resolutions are numbered ad seriatim, in the chronological order in which they are introduced or submitted.
Senate and House bills and joint resolutions, when passed by both Houses in identical form and approved by the President, become public or private law–public laws affect the
Nation as a whole; private laws benefit only an individual or a class thereof. The procedure on each is identical, with the exception of joint resolutions proposing amendments to the Constitution of the United States, which under the Constitution must be passed in each House by a two-thirds vote of the Members present and voting, a quorum being present. They are not sent to the President for his approval but to the Administrator of the General Services Administration, who transmits them to the various States. Constitutional amendments are valid when ratified by at least three-fourths of the States.
Concurrent resolutions have the force of both Houses and must be approved by them in identical form to be effective. However, they are not presented to the White House for the President’s signature, because they do not become law. They are not signed by the President nor by the Speaker and the Vice President. Instead, they are attested by the Secretary of the Senate and Clerk of the House and transmitted after approval to the Administrator of the General Services Administration for publication in the Statutes at Large.
A House or Senate resolution (H. Res. ___ or S. Res. ___) only has the force of the House passing it, and action by the one House is all that is necessary.
Origins of Legislation
Legislation originates in several ways. The Constitution provides that the President “shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient;…”
The President fulfills this duty either by personally addressing a joint session of the two Houses or by sending messages in writing to Congress, or to either body thereof, which are received and referred to the appropriate committees. The President usually presents or submits his annual message on the state of the Union shortly after the beginning of a session.
In addition, there are many executive communications sent to Congress. These are documents signed by the President or by an agency or department head, and filed or submitted as a report to the Senate as directed by law or otherwise. These items are numbered sequentially for a Congress and assigned a prefix EC. They are described only by a brief statement of the contents in the Congressional Record.
The right of petition is guaranteed the citizens of the United States by the Constitution, and many individual petitions as well as memorials from State legislatures are sent to Congress. They are laid before the two Houses by their respective Presiding Officers or submitted by individual Members of the House and Senate in their respective bodies, and are usually referred to the appropriate committees of the House in which they were submitted.
Bills to carry out the recommendations of the President are usually introduced “by request” by the chairmen of the various committees or subcommittees thereof which have jurisdiction of the subject matter. Sometimes the committees themselves may submit and report to the Senate “original bills” to carry out such recommendations.
The ideas for legislative proposals may come from an individual Representative or Senator, from any of the executive departments of the Government, from private organized groups or associations, or from any individual citizen. However, they can be introduced in their respective Houses only by Senators and Representatives. When introduced, they are referred to the standing committees which have jurisdiction over the subject matter.
Members frequently introduce bills that are similar in purpose, in which case the committee considering them may add to one of the bills the best features of the others for reporting to the parent body, or draft an entirely new bill (known as an original bill) and report it in lieu of the others.