The Legislative Process
"All Legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives."
(Article I, Section 1, of the United States Constitution )
How Are Laws Made?
Laws begin as ideas. First, a representative sponsors a bill. The bill is then assigned to a committee for study. If released by the committee, the bill is put on a calendar to be voted on, debated or amended. If the bill passes by simple majority (218 of 435), the bill moves to the Senate. In the Senate, the bill is assigned to another committee and, if released, debated and voted on. Again, a simple majority (51 of 100) passes the bill. Finally, a conference committee made of House and Senate members works out any differences between the House and Senate versions of the bill. The resulting bill returns to the House and Senate for final approval. The Government Publishing Office prints the revised bill in a process called enrolling. The President has 10 days to sign or veto the enrolled bill.
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The lawmaking process.
- U.S. Constitution Annotated
- Origination Clause
The following state regulations pages link to this page.
11.5 The Legislative Process
Learning objectives.
By the end of this section, you will be able to:
- Explain the steps in the classic bill-becomes-law diagram
- Describe the modern legislative processes that alter the classic process in some way
A dry description of the function of congressional leadership and the many committees and subcommittees in Congress may suggest that the drafting and amending of legislation is a finely tuned process that has become ever more refined over the course of the last few centuries. In reality, however, committees are more likely to kill legislation than to pass it. And the last few decades have seen a dramatic transformation in the way Congress does business. Creative interpretations of rules and statutes have turned small loopholes into the large gateways through which much congressional work now gets done. In this section, we will explore both the traditional legislative route by which a bill becomes a law and the modern incarnation of the process. We will also learn how and why the transformation occurred.
THE CLASSIC LEGISLATIVE PROCESS
The traditional process by which a bill becomes a law is called the classic legislative process . First, legislation must be drafted. Theoretically, anyone can do this. Much successful legislation has been initially drafted by someone who is not a member of Congress, such as a think tank or advocacy group, or the president. However, Congress is under no obligation to read or introduce this legislation, and only a bill introduced by a member of Congress can hope to become law. Even the president must rely on legislators to introduce that president's legislative agenda.
Technically, bills that raise revenue, like tax bills, must begin in the House. This exception is encoded within the Constitution in Article I , Section 7, which states, “All Bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with amendments as on other Bills.” Yet, despite the seemingly clear language of the Constitution, Congress has found ways to get around this rule.
Once legislation has been proposed, however, the majority leadership consults with the parliamentarian about which committee to send it to. Each chamber has a parliamentarian , an advisor, typically a trained lawyer, who has studied the long and complex rules of the chamber. While Congress typically follows the advice of its parliamentarians, it is not obligated to, and the parliamentarian has no power to enforce their own interpretation of the rules. Once a committee has been selected, the committee chair is empowered to move the bill through the committee process as they see fit. This occasionally means the chair will refer the bill to one of the committee’s subcommittees.
Whether at the full committee level or in one of the subcommittees, the next step is typically to hold a hearing on the bill. If the chair decides to not hold a hearing, this is tantamount to killing the bill in committee. The hearing provides an opportunity for the committee to hear and evaluate expert opinions on the bill or aspects of it. Experts typically include officials from the agency that would be responsible for executing the bill, the bill’s sponsors from Congress, and industry lobbyists, interest groups, and academic experts from a variety of relevant fields. Typically, the committee will also accept written statements from the public concerning the bill in question. For many bills, the hearing process can be very routine and straightforward.
Once hearings have been completed, the bill enters the markup stage. This is essentially an amending and voting process. In the end, with or without amendments, the committee or subcommittee will vote. If the committee decides not to advance the bill at that time, it is tabled. Tabling a bill typically means the bill is dead, but there is still an option to bring it back up for a vote again. If the committee decides to advance the bill, however, it is printed and goes to the chamber, either the House or the Senate. For the sake of example, we will assume that a bill goes first to the House (although the reverse could be true, and, in fact, bills can move simultaneously through both chambers). Before it reaches the House floor, it must first go through the House Committee on Rules. This committee establishes the rules of debate, such as time limits and limits on the number and type of amendments. After these rules have been established, the bill moves through the floor, where it is debated and amendments can be added. Once the limits of debate and amendments have been reached, the House holds a vote. If a simple majority, 50 percent plus 1, votes to advance the bill, it moves out of the House and into the Senate.
Once in the Senate, the bill is placed on the calendar so it can be debated. Or, more typically, the Senate will also consider the bill (or a companion version) in its own committees. Since the Senate is much smaller than the House, it can afford to be much more flexible in its rules for debate. Typically, senators allow each other to talk and debate as long as the speaker wants, though they can agree as a body to create time limits. But without these limits, debate continues until a motion to table has been offered and voted on.
This flexibility about speaking in the Senate gave rise to a unique tactic, the filibuster . The word “filibuster” comes from the Dutch word vrijbuiter , which means pirate. And the name is appropriate, since it was historically the practice that a senator who launches a filibuster virtually hijacks the floor of the chamber by speaking for long periods of time, thus preventing the Senate from closing debate and acting on a bill. The tactic was perfected in the 1850s as Congress wrestled with the complicated issue of slavery. After the Civil War, the use of the filibuster became even more common. Eventually, in 1917, the Senate passed Rule 22, which allowed the chamber to hold a cloture vote to end debate. To invoke cloture, the Senate had to get a two-thirds majority. This was difficult to do, but it generally did prevent anyone from hijacking the Senate floor, with the salient exception of Senator Strom Thurmond’s record twenty-four-hour filibuster of the Civil Rights Act . The classic approach still occasionally occurs, such as when Senator Ted Cruz (R-TX) executed a filibuster in 2013 on legislation related to the Affordable Care Act, which included reading the Dr. Seuss children's classic, Green Eggs and Ham . 37 However, the vast majority of the time, the actual filibuster action is not needed since floor leaders rarely bring bills to the floor that don't meet the cloture threshold.
In 1975, after the heightened partisanship of the civil rights era, the Senate further weakened the filibuster by reducing the number needed for cloture from two-thirds to three-fifths, or sixty votes, where it remains today (except for judicial nominations for which only fifty-one votes are needed to invoke cloture). Moreover, filibusters are not permitted on the annual budget reconciliation act. In this way, the Reconciliation Act of 2010 was how the implementing legislation for Obamacare was passed. The budget reconciliation process was also used by Republicans to pass the Tax Cuts and Jobs Act of 2017 and by Democrats to pass the American Rescue Plan Act of 2021, which contained a massive COVID relief package.
The Noble History of the Filibuster?
When most people think of the Senate filibuster, they probably picture actor Jimmy Stewart standing exasperated at a podium and demanding the Senate come to its senses and do the right thing. Even for those not familiar with the classic Frank Capra film Mr. Smith Goes to Washington , the image of a heroic single senator sanding up to the power of the entire chamber while armed only with oratorical skill naturally tends to inspire. Unfortunately, the history of the filibuster is less heartwarming.
This is not to say that noble causes haven’t been championed by filibustering senators; they most certainly have. But they have largely been overshadowed by the outright ridiculous and sometimes racist filibusters of the twentieth century. In the first category, the fifteen-and-a-half-hour marathon of Senator Huey Long of Louisiana stands out: Hoping to retain the need for Senate confirmation of some jobs he wanted to keep from his political enemies, Long spent much of his filibuster analyzing the Constitution, talking about his favorite recipes, and telling amusing stories, as was his custom.
In a defining moment for the filibuster, Senator Strom Thurmond of South Carolina spoke for twenty-four hours and eighteen minutes against a weak civil rights bill in 1957. A vocal proponent of segregation and White supremacy, Thurmond had made no secret of his views and had earlier run for the presidency on a segregationist platform. Nor was Thurmond the first to use the filibuster to preserve segregation and prevent the expansion of civil rights for African Americans. Groups of dedicated southern senators used the filibuster to prevent the passage of anti-lynching legislation on multiple occasions during the first half of the twentieth century. Later, when faced with the 1964 Civil Rights Act, southern senators staged a fifty-seven-day filibuster to try and kill it. But the momentum of the nation was against them. The bill passed over their obstructionism and helped to reduce segregation.
Is the filibuster the tool of the noble minority attempting to hold back the tide of a powerful minority? Or does its history as a weapon supporting segregation expose it as merely a tactic of obstruction?
Because both the House and the Senate can and often do amend bills, the bills that pass out of each chamber frequently look different. This presents a problem, since the Constitution requires that both chambers pass identical bills. One simple solution is for the first chamber to simply accept the bill that ultimately makes it out of the second chamber. Another solution is for first chamber to further amend the second chamber’s bill and send it back to the second chamber. Congress typically takes one of these two options, but about one in every eight bills cannot be resolved in this way. These bills must be sent to a conference committee that negotiates a reconciliation both chambers can accept without amendment. Only then can the bill progress to the president’s desk for signature or veto. If the president does veto the bill, both chambers must muster a two-thirds vote to overcome the veto and make the bill law without presidential approval ( Figure 11.20 ).
Link to Learning
For one look at the classic legislative process, visit YouTube to view “I’m Just a Bill” from the ABC Schoolhouse Rock! series.
MODERN LEGISLATION IS DIFFERENT
For much of the nation’s history, the process described above was the standard method by which a bill became a law. Over the course of the last three and a half decades, however, changes in rules and procedure have created a number of alternate routes. Collectively, these different routes constitute what some political scientists have described as a new but unorthodox legislative process. According to political scientist Barbara Sinclair, the primary trigger for the shift away from the classic legislative route was the budget reforms of the 1970s. The 1974 Budget and Impoundment Control Act gave Congress a mechanism for making large, all-encompassing, budget decisions. In the years that followed, the budget process gradually became the vehicle for creating comprehensive policy changes. One large step in this transformation occurred in 1981 when President Ronald Reagan’s administration suggested using the budget to push through his economic reforms.
The benefit of attaching the reforms to the budget resolution was that Congress could force an up or down (yea or nay) vote on the whole package. Such a packaged bill is called an omnibus bill . 38 Creating and voting for an omnibus bill allows Congress to quickly accomplish policy changes that would have taken many votes and the expending of great political capital over a long period of time. This and successive similar uses of the budget process convinced many in Congress of the utility of this strategy. During the contentious and ideologically divided 1990s, the budget process became the common problem-solving mechanism in the legislature, thus laying the groundwork for the way legislation works today.
An important characteristic feature of modern legislating is the greatly expanded power and influence of the party leadership over the control of bills. One reason for this change was the heightened partisanship that stretches back to the 1980s and is still with us today. With such high political stakes, the party leadership is reluctant to simply allow the committees to work things out on their own. In the House, the leadership uses special rules to guide bills through the legislative process and toward a particular outcome. Uncommon just a few decades ago, these now widely used rules restrict debate and options, and are designed to focus the attention of members.
The practice of multiple referrals, with which entire bills or portions of those bills are referred to more than one committee, greatly weakened the different specialization monopolies committees held primarily in the House but also to an extent in the Senate. With less control over the bills, committees naturally reached out to the leadership for assistance. Indeed, as a testament to its increasing control, the leadership may sometimes avoid committees altogether, preferring to work things out on the floor. And even when bills move through the committees, the leadership often seeks to adjust the legislation before it reaches the floor.
Another feature of the modern legislative process, exclusively in the Senate, is the application of the modern filibuster. Unlike the traditional filibuster, in which a senator took the floor and held it for as long as possible, the modern filibuster is actually a perversion of the cloture rules adopted to control the filibuster. When partisanship is high, as it has been frequently, the senators can request cloture before any bill can get a vote. This has the effect of increasing the number of votes needed for a bill to advance from a simple majority of fifty-one to a super majority of sixty. The effect is to give the Senate minority great power to obstruct if it is inclined to do so.
The Library of Congress’s Congress.gov website has provided scholars, citizens, and media with a bounty of readily available data on members and bills for more than two decades.
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The first amendment, module 7: the legislative branch: how congress works.
The Constitution grants Congress—our nation’s legislative branch—the power to make laws. The legislative branch is outlined in Article I of the Constitution. The Constitution divides Congress into two houses—the U.S. House of Representatives and the U.S. Senate. The House of Representatives is composed of representatives proportionate to each state’s population. At the same time, the Senate is organized under the principle of equal state representation—with each state, regardless of its population, receiving two Senators.
In this module, students will examine primary and secondary sources to learn about the legislative branch’s structure, functions, and powers as granted by the Constitution and defined by the courts over time. Students will also explore the legislative process and the role that civil dialogue and political compromise play in crafting national laws.
Download all materials for this module as a PDF
Learning Objectives
- Explain the Founders’ vision for Congress and explore the key debates and compromises at the Constitutional Convention.
- Describe the role that Congress plays in the national government.
- Identify the powers that the Constitution grants to Congress.
- Discuss how the Supreme Court has interpreted the powers of Congress over time.
- Compare the Founders’ vision for Congress with how Congress works in practice.
7.1 Activity: How does Congress Work?
- Student Instructions
- Teacher Notes
Purpose In this activity, you will explore how Congress works and learn about how the founders expected it to work. You will discuss the value of using a slow and deliberative process to make national laws. However, you will also debate the tradeoffs of this system.
Process What is the first thing that comes to your mind when you hear the word Congress? Next, review the Visual Info Brief: Political Cartoon image and explain what the political cartoonist is trying to say about Congress. Finally, list three words or terms that you hear people say about Congress outside of this class. Think about the ways that the news portrays Congress.
After reviewing the image, answer the following questions:
- What is the cartoonist trying to say about Congress?
- List three action words that explain what you hear people saying about Congress.
Now, review the following quotes about Congress’s lawmaking process by a leading scholar of the founding era and of the constitutional thought of James Madison and Alexander Hamilton, Federalist No. 70
“Madison’s overall aim was not to stymie the will of the majority, but rather to place obstacles in the path of factions, including majority faction. At the same time, he sought to facilitate the development of a just majority, or in other words, the reason of the public. . . . Too swift and facile political communication allows the mere will of the majority, or sheer power, to rule in the regime. The slow, measured process of the communication of ideas, however, refines and modifies the will of the society, subjecting power to the test of right reason.” - Colleen Sheehan Professor, School of Civic and Economic Thought and Leadership, Arizona State University
“The differences of opinion, and the jarrings of parties in [Congress], though they may sometimes obstruct salutary plans, yet often promote deliberation and circumspection, and serve to check excesses in the majority.” Alexander Hamilton, Federalist No. 70
Reflect on the quotes and record your answers to the following questions:
- What is the scholar trying to say about Congress and the value of a demanding political process?
- List three ideas that explain how Congress is supposed to work.
Launch Ask the students the first thing that comes to mind when they hear the word “Congress.” Write ideas on the board and note any patterns.
Give students time to analyze the political cartoon and as a group answer the guiding questions. What is the cartoonist trying to say about Congress? The goal of this analysis is to address the impressions that students may already have—that Congress is dysfunctional, with a lot of partisan fights. The system can be nasty. It can be slow. Often, Congress struggles to get anything done—even when it seems to many Americans like there are serious problems worth addressing.
Then, you can pivot to the founders’ vision and the benefits of the system. Give students time to analyze the scholarly quotes about the value of a demanding political process and as a group answer the guiding questions.
The Colleen Sheehan quote is from the following article: A Madisonian Constitution for All . Activity Synthesis Now, share the following big idea: What if I told you that the founders wanted to slow down the political process in Congress? Discuss the idea of deliberation and the benefits and drawbacks of a slow process for making national laws. The goal is to get the students to see (and/or debate) the benefits of a slow, demanding process. When the process works, it is designed to promote deliberation, debate, compromise, and (ideally) better laws. However, the founders hoped that this demanding process would also ease public passions, curb bad laws, guard against government abuses, protect minority rights, and avoid government by faction (or, in today’s terms, parties).
- What are the benefits of a slow, deliberative process? Why do you think that the Founding generation designed it this way?
- What are the drawbacks of such a system?
- How can such a process benefit a growing (and diverse) society with different needs and viewpoints?
- What are some of the challenges of such a system in this context?
Activity Extension (optional) Now that students have a better understanding of the debate, ask the following question:
- What are examples of the advantages and disadvantages of a slow lawmaking process?
7.1 Visual Info Brief: Political Cartoon
7.2 activity: structure, powers and limits of congress.
Purpose Article I establishes the national government’s legislative branch—Congress.
Article I is the longest part of the Constitution. That’s because the Founding generation expected Congress to be the most powerful—and most dangerous—branch of government. Article I also sets out the powers of Congress and lists certain limits to those powers.
In this activity, you will explore the structure, powers, and limits of Congress.
Process As a group, read and review the Article I, Section 8 text , on the Powers of Congress from the Interactive Constitution . Then read the Common Interpretation essay Article I, Sec. 8: Federalism and the Scope of National Power by Randy Barnett and Heather Gerken and answer the questions in the Activity Guide: Powers and Structure of Congress worksheet.
Next, your group will then be assigned an additional Interactive Constitution Common Interpretation essay on Congress. Read the assigned essay and complete the final section of the Activity Guide: Powers and Structure of Congress worksheet for your group.
As a class, read the following article:
- Article I, Section 8, Text, IC Essay on Federalism and the Scope of National Power
Then read the following sections:
- Text of the Constitution
- Common Interpretation
When finished, work with your groups to create a class poster that shows how Congress works.
- Define the structure, powers, or limits on a Post-it note and add it to the correct circle.
- Add elements to the poster to support main ideas and contribute details, for example, drawings, videos, or QR codes.
- Add combination jobs to the center of the diagram.
Launch Review the overall summary of how Congress works and the flow/process of its lawmaking functions.
- Role of Congress: Students define the role of Congress in the national government.
- Parts of Congress: Students define the different parts of Congress and their roles and authority.
- Defined Powers: Students list the powers of Congress and tag it as a role of the House, the Senate, or both. Include how Congress checks the other branches.
- Defined Limits: Students list the limits of Congress’s power. Also define the other branches that set those limits.
Split the class into groups and assign part(s) of Article I. Then, ask students to complete the Activity Guide: Powers and Structure of Congress worksheet for your assigned group.
Each group will contribute to a full class poster that shows how Congress works. The poster will be a large Venn diagram that will list structure, powers, and limits, and students will define the structure, power, or limit on a Post-it note and add it to the correct circle. Combination jobs will be added to the center.
Activity Synthesis Have students explain their contribution to the poster and summarize how Congress works.
7.2 Activity Guide: Powers and Structure of Congress
7.3 video activity: powers of congress.
Purpose In this activity, you will explore how Article I of the Constitution sets out the powers of Congress and also establishes limits on those powers. You will also explore how Supreme Court cases have interpreted those powers over time.
Process Watch the following video about the powers of Congress.
Then, complete the Video Reflection: Powers of Congress worksheet.
Identify any areas that are unclear to you or where you would like further explanation. Be prepared to discuss your answers in a group and to ask your teacher any remaining questions.
Launch Give students time to watch the video and complete the worksheet.
Hand out the Video Reflection: Powers of Congress worksheet and ask students to organize the decisions by the Supreme Court and the effects on congressional power over time.
Activity Synthesis Have students share their responses with one or two students and then review as a class.
Activity Extension (optional) Now that students have a better understanding of the powers of Congress, ask students to find a current news article about Congress.
7.3 Video Reflection: Powers of Congress
7.4 activity: tests of congressional power.
Purpose In this activity, you will explore how various Supreme Court cases have interpreted the scope of congressional power in the Supreme Court’s own words. Examine these three cases to understand how the Court’s rulings shaped these powers over time.
Process Work in your group to review one of the following cases:
- Primary Source: McCulloch v. Maryland (1819)
- Primary Source: Wickard v. Filburn (1942)
- Primary Source: United States v. Lopez (1995)
After you review the case brief, complete the Case Brief: Tests of Congressional Power worksheet.
After you have completed the worksheet, create a podcast (3-5 minutes) with your group covering the following topics:
- What is the main topic of the case?
- What is the constitutional question in the case?
- Tell us what happened and who are the people in the case.
- How did it affect the powers of Congress back then and today?
Launch Divide class into three groups and assign a case to each group to review and answer the questions in the worksheet. Then, the group will create a podcast about their case.
Looking for some support on how to do a podcast in class? Check out this list of helpful websites to support this fun and educational learning experience for your students.
- Hello Teacher Lady
- New York Times: Project Audio
- Reading Rockets: Creating Podcasts with Your Students
Activity Synthesis Have students share their podcast recordings with the rest of the class.
Activity Extension (optional) Now that students have a better understanding of current court cases, ask the following question:
- The Supreme Court has trimmed back a bit on the powers of Congress. Do you think that is a good thing or bad thing?
7.4 Primary Source: McCulloch v. Maryland (1819)
7.4 primary source: wickard v. filburn (1942), 7.4 primary source: united states v. lopez (1995), 7.4 case brief: tests of congressional power, 7.5 activity: how a bill becomes a law.
Purpose The role of a member of Congress is to craft laws that are consistent with the Constitution and that promote the common good. However, the Constitution itself lays out a demanding process—one that slows politics down, promotes deliberation and debate, and (often) requires compromise. In this activity, you will explore what the Constitution says about how Congress works and get to experience how a bill becomes a law and more importantly how to build consensus.
Process You are a U.S. senator. Work with your team to complete the Activity Guide: Building Consensus worksheet.
After you write your law, you can begin to work with other teams to persuade, re-write, and compromise to make a law that is consistent with the Constitution and works for the entire country.
Launch Break students into groups that represent regions of the United States. Each team will represent a different region (NE, SE, NW, SW, etc.) and their interests, but all groups will be given the same topic to address in a new law. Provide details on how each step of the process works from the Activity Guide. Depending on how much time you have in class, have students brainstorm national issues and pick from the list they develop. Some issues for students to consider are education, taxes, the economy, national security, health care, immigration, the environment, guns, and crime.
A key to productive consensus building is building norms and civil dialogue practices in your classroom. For more information on these classroom tools check out the Civil Dialogue Toolkit .
Activity Synthesis Have students share their thoughts on engaging in the process of writing a new law. Which parts were the most frustrating? Which parts were most satisfying? How does the system compare to the founders’ vision?
Activity Extension (optional) Now that students have a better understanding of how to create a new law, have them read the article, Political Polarization Killed the Filibuster and answer the following questions:
- What are the benefits of having a filibuster? What are the drawbacks?
- What would be the implications of removing the filibuster?
7.5 Activity Guide: Building Consensus
7.6 test your knowledge.
Congratulations for completing the activities in this module! Now it’s time to apply what you have learned about the basic ideas and concepts covered.
Complete the questions in the following quiz to test your knowledge.
This activity will help students determine their overall understanding of module concepts. It is recommended that questions are completed electronically so immediate feedback is provided, but a downloadable copy of the questions (with answer key) is also available.
7.6 Interactive Knowledge Check: The Legislative Branch: How Congress Works
7.6 printable knowledge check: the legislative branch: how congress works, previous module, module 6: separation of powers and federalism, next module, module 8: the presidency and executive power.
Article II of the Constitution establishes the executive branch of the national government, headed by a single President. Article II outlines the method for electing the President, the scope of the President’s powers and duties, and the process of removing one from office. The President’s primary responsibility is to carry out the executive branch’s core function—namely, enforcing the nation’s laws. From the debates over how to structure the Presidency at the Constitutional Convention to modern debates over executive orders, this module will explore the im...
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6a. The Powers of Congress
At its creation in 1789, the legislative branch was the most innovative.
Rule by kings and emperors was an old style of government, and the legislature in many ways represented the new. Almost certainly, the founders intended Congress to have more important powers than the President and the Supreme Court. However, they placed many checks and balances on the legislature that have prevented absolute power in the hands of one branch. Founders controlled power not only by checks from the other branches, but by creating a bicameral, or two house, Congress — the Senate and the House of Representatives . The powers of Congress, then, are both constitutional and evolutionary.
Constitutional Powers
The Constitution specifically grants Congress its most important power — the authority to make laws. A bill , or proposed law, only becomes a law after both the House of Representatives and the Senate have approved it in the same form. The two houses share other powers, many of which are listed in Article I, Section 8. These include the power to declare war, coin money, raise an army and navy, regulate commerce, establish rules of immigration and naturalization, and establish the federal courts and their jurisdictions.
Article I of the Constitution
Section 1. All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.
The House of Representatives shall choose their Speaker and other Officers; and shall have the sole Power of Impeachment.
Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.
The Congress shall assemble at least once in every Year, and such Meeting shall be on the first Monday in December [Modified by Amendment XX], unless they shall by Law appoint a different Day.
Neither House, during the Session of Congress, shall, without the Consent of the other, adjourn for more than three days, nor to any other Place than that in which the two Houses shall be sitting.
Continuance in Office.
Effect, shall be approved by him, or being disapproved by him, shall be repassed by two thirds of the Senate and House of Representatives, according to the Rules and Limitations prescribed in the Case of a Bill.
And To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.
No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State.
The Constitution also gives each house of Congress some special, exclusive powers. Such powers given to the House of Representatives include the following:
Special, exclusive powers given to the Senate include the following:
Important Constitutional Differences Between the House and the Senate
Evolutionary Powers
The "elastic," or implied powers, clause gives Congress the authority to pass laws it deems "necessary and proper" to carry out its enumerated functions. Many Congressional powers that have evolved over the years are based on this important clause. Here are a couple.
The American Congress has more power than any legislature among the world's modern democracies. The parliaments of Europe are often "arena" legislatures that provide a forum for debate on policies proposed by a powerful prime minister or president. Only the American democracy enables its legislature with the critical role of setting the lawmaking agenda.
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Question: the assignment in the constitution of lawmaking, law enforcing, and law interpreting functions to the legislative, executive, and judicial branches, respectively, is known as which of the following?
The assignment of the constitutional functions of...
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The Legislative Branch
Established by Article I of the Constitution, the Legislative Branch consists of the House of Representatives and the Senate, which together form the United States Congress. The Constitution grants Congress the sole authority to enact legislation and declare war, the right to confirm or reject many Presidential appointments, and substantial investigative powers.
The House of Representatives is made up of 435 elected members, divided among the 50 states in proportion to their total population. In addition, there are 6 non-voting members, representing the District of Columbia, the Commonwealth of Puerto Rico, and four other territories of the United States: American Samoa, Guam, the U.S. Virgin Islands, and the Commonwealth of Northern Mariana Islands. The presiding officer of the chamber is the Speaker of the House, elected by the Representatives. He or she is third in the line of succession to the Presidency.
Members of the House are elected every two years and must be 25 years of age, a U.S. citizen for at least seven years, and a resident of the state (but not necessarily the district) they represent.
The House has several powers assigned exclusively to it, including the power to initiate revenue bills, impeach federal officials, and elect the President in the case of an Electoral College tie.
The Senate is composed of 100 Senators, 2 for each state. Until the ratification of the 17th Amendment in 1913, Senators were chosen by state legislatures, not by popular vote. Since then, they have been elected to six-year terms by the people of each state. Senators’ terms are staggered so that about one-third of the Senate is up for reelection every two years. Senators must be 30 years of age, U.S. citizens for at least nine years, and residents of the state they represent.
The Vice President of the United States serves as President of the Senate and may cast the decisive vote in the event of a tie in the Senate.
The Senate has the sole power to confirm those of the President’s appointments that require consent, and to provide advice and consent to ratify treaties. There are, however, two exceptions to this rule: the House must also approve appointments to the Vice Presidency and any treaty that involves foreign trade. The Senate also tries impeachment cases for federal officials referred to it by the House.
In order to pass legislation and send it to the President for his or her signature, both the House and the Senate must pass the same bill by majority vote. If the President vetoes a bill, they may override his veto by passing the bill again in each chamber with at least two-thirds of each body voting in favor.
The Legislative Process
The first step in the legislative process is the introduction of a bill to Congress. Anyone can write it, but only members of Congress can introduce legislation. Some important bills are traditionally introduced at the request of the President, such as the annual federal budget. During the legislative process, however, the initial bill can undergo drastic changes.
After being introduced, a bill is referred to the appropriate committee for review. There are 17 Senate committees, with 70 subcommittees, and 23 House committees, with 104 subcommittees. The committees are not set in stone, but change in number and form with each new Congress as required for the efficient consideration of legislation. Each committee oversees a specific policy area, and the subcommittees take on more specialized policy areas. For example, the House Committee on Ways and Means includes subcommittees on Social Security and Trade.
A bill is first considered in a subcommittee, where it may be accepted, amended, or rejected entirely. If the members of the subcommittee agree to move a bill forward, it is reported to the full committee, where the process is repeated again. Throughout this stage of the process, the committees and subcommittees call hearings to investigate the merits and flaws of the bill. They invite experts, advocates, and opponents to appear before the committee and provide testimony, and can compel people to appear using subpoena power if necessary.
If the full committee votes to approve the bill, it is reported to the floor of the House or Senate, and the majority party leadership decides when to place the bill on the calendar for consideration. If a bill is particularly pressing, it may be considered right away. Others may wait for months or never be scheduled at all.
When the bill comes up for consideration, the House has a very structured debate process. Each member who wishes to speak only has a few minutes, and the number and kind of amendments are usually limited. In the Senate, debate on most bills is unlimited — Senators may speak to issues other than the bill under consideration during their speeches, and any amendment can be introduced. Senators can use this to filibuster bills under consideration, a procedure by which a Senator delays a vote on a bill — and by extension its passage — by refusing to stand down. A supermajority of 60 Senators can break a filibuster by invoking cloture, or the cession of debate on the bill, and forcing a vote. Once debate is over, the votes of a simple majority pass the bill.
A bill must pass both houses of Congress before it goes to the President for consideration. Though the Constitution requires that the two bills have the exact same wording, this rarely happens in practice. To bring the bills into alignment, a Conference Committee is convened, consisting of members from both chambers. The members of the committee produce a conference report, intended as the final version of the bill. Each chamber then votes again to approve the conference report. Depending on where the bill originated, the final text is then enrolled by either the Clerk of the House or the Secretary of the Senate, and presented to the Speaker of the House and the President of the Senate for their signatures. The bill is then sent to the President.
When receiving a bill from Congress, the President has several options. If the President agrees substantially with the bill, he or she may sign it into law, and the bill is then printed in the Statutes at Large. If the President believes the law to be bad policy, he or she may veto it and send it back to Congress. Congress may override the veto with a two-thirds vote of each chamber, at which point the bill becomes law and is printed.
There are two other options that the President may exercise. If Congress is in session and the President takes no action within 10 days, the bill becomes law. If Congress adjourns before 10 days are up and the President takes no action, then the bill dies and Congress may not vote to override. This is called a pocket veto, and if Congress still wants to pass the legislation, they must begin the entire process anew.
Powers of Congress
Congress, as one of the three coequal branches of government, is ascribed significant powers by the Constitution. All legislative power in the government is vested in Congress, meaning that it is the only part of the government that can make new laws or change existing laws. Executive Branch agencies issue regulations with the full force of law, but these are only under the authority of laws enacted by Congress. The President may veto bills Congress passes, but Congress may also override a veto by a two-thirds vote in both the Senate and the House of Representatives.
Article I of the Constitution enumerates the powers of Congress and the specific areas in which it may legislate. Congress is also empowered to enact laws deemed “necessary and proper” for the execution of the powers given to any part of the government under the Constitution.
Part of Congress’s exercise of legislative authority is the establishment of an annual budget for the government. To this end, Congress levies taxes and tariffs to provide funding for essential government services. If enough money cannot be raised to fund the government, then Congress may also authorize borrowing to make up the difference. Congress can also mandate spending on specific items: legislatively directed spending, commonly known as “earmarks,” specifies funds for a particular project, rather than for a government agency.
Both chambers of Congress have extensive investigative powers, and may compel the production of evidence or testimony toward whatever end they deem necessary. Members of Congress spend much of their time holding hearings and investigations in committee. Refusal to cooperate with a congressional subpoena can result in charges of contempt of Congress, which could result in a prison term.
The Senate maintains several powers to itself: It consents to the ratification of treaties by a two-thirds supermajority vote and confirms the appointments of the President by a majority vote. The consent of the House of Representatives is also necessary for the ratification of trade agreements and the confirmation of the Vice President.
Congress also holds the sole power to declare war.
Government Oversight
Oversight of the executive branch is an important Congressional check on the President’s power and a balance against his or her discretion in implementing laws and making regulations.
One primary way that Congress conducts oversight is through hearings. The House Committee on Oversight and Government Reform and the Senate Committee on Homeland Security and Government Affairs are both devoted to overseeing and reforming government operations, and each committee conducts oversight in its policy area.
Congress also maintains an investigative organization, the Government Accountability Office (GAO). Founded in 1921 as the General Accounting Office, its original mission was to audit the budgets and financial statements sent to Congress by the Secretary of the Treasury and the Director of the Office of Management and Budget. Today, the GAO audits and generates reports on every aspect of the government, ensuring that taxpayer dollars are spent with the effectiveness and efficiency that the American people deserve.
The Executive Branch also polices itself: Sixty-four Inspectors General, each responsible for a different agency, regularly audit and report on the agencies to which they are attached.
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Legislative Branch
Teaching Six Big Ideas in the Constitution
Constitution of the United States, 9/17/1787; General Records of the United States Government, Record Group 11; National Archives.
View in National Archives Catalog
This lesson engages students in a study of the Constitution to learn the significance of "Six Big Ideas" contained in it. Students analyze the text of the Constitution in a variety of ways, examine primary sources to identify their relationship to its central ideas and debate the core constitutional principles as they relate to today's political issues.
In order to understand how our government works students must understand the major ideas that underpin it. This lesson asks students to explore those ideas and apply them to current issues.
Guiding Question:
What is the significance of the Six Big Ideas in the Constitution historically and for Americans today? The Six Big Ideas are:
- limited government
- republicanism
- checks and balances
- separation of powers
- popular sovereignty
U.S. Constitution Background information on Founding Fathers (online) Copies of primary sources 4 Handouts Answer Key (Activity 1&4)
Recommended Grade Levels:
Grades 8 - 12
American history; U.S. government; Civics
Topics included in this lesson:
limited government, republicanism, checks and balances, federalism, separation of powers, popular sovereignty, Founding Fathers
Time Required:
The time needed to complete each step of this lesson is presented in parenthesis at each step. The lesson can be done as a whole or each step can be done separately (except Step 4 which should follow Step 3).
Vocabulary:
- Articles of Confederation
- Ratification
- Sovereignty
- Great Compromise
- 3/5 Compromise
Learning Steps:
1: orientation to the constitution - mapping the text (45 minutes).
To understand the Six Big Ideas which underpin the Constitution students need to be familiar with the text itself. Mapping the text of the Constitution presents the national charter in a way that illustrates the attention the Founders gave to the structure and power of government. The 4379 words of the U.S. Constitution are the foundation of our nation and establish the federal government's structures and branches. By counting the words in each article and calculating the percentage of the whole it represents, students can determine how much of the overall project was dedicated to each structure or power.
Fill out the table on Handout 1 to determine the number of words contained in each Article of the Constitution, and the percentage of the whole document that represents. This can be done easily with a digital copy of the text using the word count feature available in most word processing programs. Note: count only the words in the sentence that comprises Article VII, not the summarizing/concluding date.
Map the Constitution by representing the percentages from the table in a visual form on Handout 1. Using different colors for each of the Articles and the Preamble, color in the squares to represent the percentage of the whole Constitution that is dedicated to each article. Each square represents 1% of the document (round up or down as necessary).
Hold a class discussion to analyze the map and address the following questions: Which topics received the most attention in the Constitution? Does the map suggest hypotheses about the relative importance to the Founders of the powers of the new government? To what extent do the powers of each branch of government displayed in the map match how the federal government works today?
2: Introducing the Founders (45 minutes)
Studying the Founders themselves can aid in understanding the government they created. Many of the Founders knew each other before the Constitutional Convention and were able to draw on their personal relationships when trying to garner a consensus for specific proposals to be included in the Constitution. Students will explore these relationships by creating a Founders' Social Network using Handout 2 .
The teacher may assign a Founder to each student or allow the students to choose one. After students complete the profile and likes section on Handout 2, post them on the wall. Students will then browse the other profiles to determine who would likely be "friends" with their assigned Founder, then fill out the Friends section of the handout.
Direct students to these web sites for biographical information:
- National Archives "America's Founding Fathers"
- USConstitution.net
- National Constitution Center
3: Outlining the Constitution's Six Big Ideas (45 minutes)
Students will analyze the text of the Constitution to identify specific examples of the Six Big Ideas in action. Provide the list of the Six Big Ideas to the students, direct them to define each term, then discuss with the whole class to check for understanding.
Divide the students into six groups with each group assigned a Big Idea. Provide a copy of the Constitution to each group (printed or electronic) and direct them to examine the text to identify two examples of the assigned Big Idea in action. Students will fill in Handout 3 with the quote from the Constitution and its location. Students will then rephrase the quote in their own words to hone in on its meaning. There will be multiple correct answers for each Big Idea. Each group will share their examples with the class.
Example: Separation of Powers-Article II, Section 2, clause 2 says that the Executive "shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur." This means that two branches, the President and Congress (the Senate), have to agree before a treaty goes into effect.
4. Analyzing Primary Sources to Relate the Six Big Ideas to History (45 minutes)
Students will apply their understanding of the Big Ideas gained in Step 3 to actual documents which were created or received by the federal government as it was exercising its powers under the Constitution. Students will act as historians who must consider the source of each document, when it was created and its content to determine how it relates to the Big Ideas.
The teacher will list the Six Big Ideas on the board or post them on a wall. Pairs of students will be given a copy of one document from a selected list. Students will carefully read and inspect the document to determine which Big Idea is represented within it. They will then post the document under the corresponding Big Idea on the board or wall.
After all pairs have posted their document, the pairs will each take a turn describing their assigned document and explaining three clues in the document which support their determination of the Big Idea illustrated within. Some documents may be related to more than one Big Idea so students should be prepared to justify why they determined that one was more relevant than another.
5: Debating the Six Big Ideas in America Today (45 minutes for preparation and 45 minutes to implement)
More than 220 years after the ratification of the Constitution, the Six Big Ideas still inspire debate. Different understandings of how the Big Ideas should be manifested in the actions of the federal government often engender debates over what government should be doing in the name of the people it serves. Students will obtain an understanding of these current disputes by taking sides in a debate featuring current issues.
The Debate Format:
- Two teams will be assigned one of the scenarios described below. One team will argue for Position A and the other will argue for Position B.
- Each debate will have five participants on each side of the issue. Each participant will speak for no more than two minutes and teams will alternate speakers. Teams can use Handout 4 to plan the arguments to be made during the debate. Encourage students to anticipate and respond to the arguments that could be made by the opposing team.
- Each team will choose a speaker to deliver the opening (an overview of the team's position).
- Each team should choose a speaker to deliver the opening (an overview of the team's position).
- Three speakers on each team should give supporting arguments—one argument per speaker.
- One speaker on each team should deliver the closing argument.
The Debate Questions:
- Position A: The federal government's powers over taxation as well as international and interstate trade allow significant latitude in directing economic policy.
- Position B: The federal government should only act to remedy unfavorable economic conditions for business activity.
- Position A: Public policy should reflect the opinion of voters.
- Position B: Public policy should be created by officials who are most informed about the issues involved.
- Position A: The Senate should defer to the President's choice of who he wants working under him.
- Position B: It is the Senate's duty to make an independent judgment of a nominee's suitability for a position serving the American people, even if that means denying the President his choice.
- Position A: The Federal government should retain the most power because it is best positioned to insure fair treatment, safety and equal protection for all Americans.
- Position B: The states should retain the most power because they are closer to the people, better informed on local issues and best positioned to exercise authority for their residents.
- Position A: Congress, the policy making branch which represents the people, should determine peace terms.
- Position B: The President as Commander-in-Chief is in the best position to determine appropriate actions.
- Position A: Yes; ballot initiatives allow voters to directly participate in their government.
- Position B: No; voters already express their views through election of public officials.
Additional Resources
Did you like this lesson? Educators who used this lesson also viewed:
- Constitution Scavenger Hunt with Political Cartoons - Students analyze political cartoons to learn about the outline and structure of the Constitution, as well as the content of many of its clauses.
- Understanding Federalism - Students explore five aspects of federalism by completing the activities in this lesson.
Return to Lesson Plans
If you have problems viewing this page, please contact [email protected] .
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Legislative Assembly of Ontario
Bill 212, reducing gridlock, saving you time act, 2024.
Sarkaria, Hon. Prabmeet Singh Minister of Transportation
Current status: Second Reading Debated
- Acts affected
EXPLANATORY NOTE
SCHEDULE 1 BUILDING BROADBAND FASTER ACT, 2021
The Schedule amends subsection 26 (6) of the Building Broadband Faster Act, 2021 to provide that an expropriation made under section 10 of the Ministry of Infrastructure Act, 2011 in respect of a designated broadband project constitutes an expropriation. Section 26.1 is added to exclude the application of certain provisions of the Expropriations Act to an expropriation made in respect of a designated broadband project.
Section 26.2 is added to the Act to enable the Minister to assign easements expropriated in respect of a designated broadband project to specified persons or entities in order to further the purpose of the Act. An assignee is required to reimburse the Crown for costs incurred by the Crown relating to the expropriation of the assigned easement.
The Schedule also amends subsection 9 (6) of the Ministry of Infrastructure Act, 2011 to provide that a disposition made under section 26.2 of the Building Broadband Faster Act, 2021 is not subject to the approval of the Lieutenant Governor in Council.
SCHEDULE 2 BUILDING HIGHWAYS FASTER ACT, 2024
The Schedule enacts the Building Highways Faster Act, 2024 . The purpose of the Act is to expedite the construction of priority highway projects, which, as defined in the Act, are the Highway 413 Project, the Bradford Bypass Project, the Garden City Skyway Bridge Twinning Project and any other projects that are prescribed by regulation.
A provision prohibits registered owners from applying under the Expropriations Act for the adjustment of the date of possession for land that was expropriated by the Minister for the purposes of a priority highway project.
The Act provides that a utility company may be required to take up, remove or change the location of utility infrastructure if, in the opinion of the Minister, it is for the purposes of a priority highway project. Notice to the utility company is required for such work and the utility company is permitted to make submissions respecting any difficulties with completing the work. If the utility company fails to do the work the Minister may cause it to be done. The Act addresses compensation for such work, whether it is done by the utility company or by the Minister.
The Act requires any person who owns or operates infrastructure that may be affected by a priority highway project to provide to the Minister the requested information. Provisions are included respecting the disclosure of such information.
Site inspections may be carried out under the Act to support the planning, design or construction of a priority highway project. The Act addresses the manner in which such inspections shall be carried out, including the provision of advance notice, and when a property owner may be compensated for damage resulting from a site inspection. The Act provides for various offences relating to site inspections and taking possession of land.
The Act provides that, in certain circumstances, a justice of the peace may issue an order authorizing a person to enter property to do certain things relating to a site inspection or to take possession of certain land for the purposes of a priority highway project. The Act includes provisions respecting how such orders may be carried out and the expiry or renewal of orders.
A provision states that if a priority highway project is designated by a regulation made under the Act, certain restrictions imposed by municipal by-law are inoperative to the extent that it would prevent or restrict the delivery of goods or services to the priority highway project. The Act also includes various other provisions relating to the provision of documents, the preclusion of certain causes of action and regulation-making powers.
SCHEDULE 3 HIGHWAY 413 ACT, 2024
The Schedule enacts the Highway 413 Act, 2024 . Section 2 of the Act provides an exemption from the Environmental Assessment Act for enterprises, activities, proposals, plans and programs for or related to Highway 413, including the Highway 413 Project and the Highway 413 early works projects. Section 3 prohibits a person from carrying out the Highway 413 Project except in accordance with the final environmental impact assessment report and any addenda to it, prepared as part of the environmental impact assessment process that applies to the Highway 413 Project under this Act. Sections 4 to 9 set out that process, including requirements for an Indigenous consultation plan and its implementation, as well as opportunities for persons to comment on the draft environmental impact assessment report and any draft addendum to the report. The Minister is required to publish draft and final environmental impact assessment reports and any final addendum under the Act.
SCHEDULE 4 HIGHWAY TRAFFIC ACT
The Highway Traffic Act is amended to set out fees for driver’s licences and certain driver examinations and tests. It is also amended to require Ministry approval before municipalities may construct bicycle lanes in certain circumstances, and to require municipalities to provide the Ministry with information, including information relating to bicycle lanes.
SCHEDULE 5 TOWING AND STORAGE SAFETY AND ENFORCEMENT ACT, 2021
The Towing and Storage Safety and Enforcement Act, 2021 is amended to provide that the sections relating to restricted towing zones also apply to “roadside assistance vehicles” and “roadside assistance services”. The Schedule also transfers certain regulation-making powers relating to restricted towing zones to the Minister from the Lieutenant Governor in Council.
Bill 212 2024
An act to enact two acts and amend various acts with respect to highways, broadband-related expropriation and other transportation-related matters.
The Government of Ontario:
Recognizes the need to build priority highways faster as our province grows in order to get people and goods out of gridlock and save drivers and businesses time and money.
Recognizes that accidents and lane closures can worsen traffic congestion and impact the quality of life of Ontarians.
Is speeding up the delivery of broadband projects that will connect people in all parts of Ontario, including rural areas, with reliable internet access.
Is building Highway 413, recognizing the importance of this highway to millions of drivers from across Ontario.
Therefore, His Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
Contents of this Act
1 This Act consists of this section, sections 2 and 3 and the Schedules to this Act.
Commencement
2 (1) Except as otherwise provided in this section, this Act comes into force on the day it receives Royal Assent.
(2) The Schedules to this Act come into force as provided in each Schedule.
(3) If a Schedule to this Act provides that any provisions are to come into force on a day to be named by proclamation of the Lieutenant Governor, a proclamation may apply to one or more of those provisions, and proclamations may be issued at different times with respect to any of those provisions.
Short title
3 The short title of this Act is the Reducing Gridlock, Saving You Time Act, 2024 .
1 Subsection 26 (6) of the Building Broadband Faster Act, 2021 is amended by adding “Other than an expropriation made under section 10 of the Ministry of Infrastructure Act, 2011 in respect of a designated broadband project” at the beginning.
2 (1) The Act is amended by adding the following sections:
Expropriations, no hearings of necessity
26.1 (1) Subsections 6 (2) to (5), section 7 and subsections 8 (1) and (2) of the Expropriations Act do not apply to an expropriation of land, within the meaning of that Act, if the expropriation is made under section 10 of the Ministry of Infrastructure Act, 2011 in respect of a designated broadband project.
(2) Subsection (1) applies despite subsection 2 (4) of the Expropriations Act .
Process for comments
(3) The Minister may, by direction, establish a process for receiving comments from property owners about a proposed expropriation and for considering those comments.
Non-application of the Legislation Act, 2006 Part III
(4) Part III of the Legislation Act, 2006 does not apply to a direction made under subsection (3).
Statutory Powers Procedure Act
(5) The Statutory Powers Procedure Act does not apply to a process for receiving and considering comments about a proposed expropriation established under subsection (3).
Assignment of expropriated easements
26.2 (1) The Minister may assign any easement expropriated under section 10 of the Ministry of Infrastructure Act, 2011 in respect of a designated broadband project to,
(a) a distributor;
(b) a proponent;
(c) a telecommunications service provider, within the meaning of the Telecommunications Act (Canada); or
(d) any other entity, if the assignment is necessary to further the purpose of this Act.
Same, Minister’s designate
(2) If the Minister’s authority under section 10 of the Ministry of Infrastructure Act, 2011 has been delegated under subsection 19 (2) of that Act to a Crown agency, the Crown agency may assign an easement described in subsection (1) of this section in accordance with that subsection.
Registration
(3) An easement assigned under subsection (1) or (2) shall be registered against the real property affected in the appropriate land registry office.
(4) An easement including any covenant contained in the easement is valid whether or not the assignee owns appurtenant land or land capable of being accommodated or benefited by the easement or covenant and regardless of whether the easement or covenant is positive or negative in nature.
Reimbursement of expropriation costs incurred by the Crown
(5) An assignee shall reimburse the Crown for costs incurred by the Crown relating to the expropriation.
Prescribed costs
(6) The costs referred to in subsection (5) shall be determined by the Minister and shall include, but are not limited to, such costs as may be prescribed by regulation.
Payment of reimbursement
(7) An assignee shall make the reimbursement by making one or more payments in such amount or amounts at such time or times as may be determined by the Minister.
(2) Subsection 26.1 (1) of the Act, as enacted by subsection (1), is amended by striking out “section 7 and subsections 8 (1) and (2)” and substituting “section 7, subsections 8 (1) and (2) and section 8.1”.
Ministry of Infrastructure Act, 2011
3 Subsection 9 (6) of the Ministry of Infrastructure Act, 2011 is amended by striking out “or” at the end of clause (c), by adding “or” at the end of clause (d) and by adding the following clause:
(e) a disposition made under section 26.2 of the Building Broadband Faster Act, 2021 .
4 (1) Except as otherwise provided in this section, this Schedule comes into force on the day the Reducing Gridlock, Saving You Time Act, 2024 receives Royal Assent.
(2) Subsection 2 (2) comes into force on the later of the day section 2 of Schedule 5 to the Accelerating Access to Justice Act, 2021 comes into force and the day the Reducing Gridlock, Saving You Time Act, 2024 receives Royal Assent.
Purpose and Interpretation
1 The purpose of this Act is to expedite the construction of priority highway projects by streamlining and supplementing existing processes in order to alleviate delays to the timely completion of such highway projects.
Interpretation
2 In this Act,
“actual costs”, in respect of the costs of work carried out by a utility company to comply with a notice issued under section 4, means all costs properly attributed to the work, including,
(a) the actual wages paid to all workers up to and including the supervisors for their time actually spent on the work and in travelling to and from the work, and the cost of food, lodging and transportation for such workers where necessary for the proper carrying out of the work,
(b) the cost to the utility company of contributions related to such wages in respect of workplace safety and insurance premiums, vacation pay, employment insurance, pension or insurance benefits and other similar benefits,
(c) the cost of using and transporting equipment and explosives used in the work,
(d) the cost of planning, designing and engineering,
(e) the cost of materials,
(f) the cost of acquiring necessary permits, approvals and property rights, and
(g) related administrative costs such as for project management; (“coût réel”)
“Bradford Bypass Project” means the project to construct a highway connecting Highway 400 in the Town of Bradford West Gwillimbury (County of Simcoe) to Highway 404 in the Town of East Gwillimbury (Regional Municipality of York), located north of and parallel to Simcoe County Road 88 in the Town of Bradford West Gwillimbury and Queensville Sideroad (York Road 77) in East Gwillimbury, with the route traversing a small segment of the Township of King in York Region and any related activities; (“projet de voie de contournement de Bradford”)
“business day” means a day from Monday to Friday, other than a holiday as defined in section 87 of the Legislation Act, 2006 ; (“jour ouvrable”)
“Garden City Skyway Bridge Twinning Project” means the project to construct a second Garden City Skyway bridge along the Queen Elizabeth Way and across the Welland Canal connecting the City of St. Catharines to the Town of Niagara-on-the-Lake and any related activities; (“projet de jumelage de ponts du Garden City Skyway”)
“highway” has the same meaning as in the Public Transportation and Highway Improvement Act ; (“voie publique”)
“Highway 413 Project” means the project to do the following, and any related activities:
1. Construct a highway that connects Highway 400 in the Regional Municipality of York to Highway 401 and Highway 407 in the Regional Municipality of Halton and the Regional Municipality of Peel and includes related facilities and structures such as parking facilities, stormwater management ponds, commercial vehicle inspection facilities and maintenance yards .
2. Construct extensions of Highway 410 and Highway 427 to connect them to Highway 413; (“projet d’autoroute 413”)
“information concerning infrastructure” includes,
(a) records of the infrastructure and associated rights of way,
(b) records of communications and agreements related to the infrastructure,
(c) information related to the location for the infrastructure, and
(d) any other information the Minister considers necessary for the purposes of this Act; (“renseignements concernant l’infrastructure”)
“institution” has the same meaning as in the Freedom of Information and Protection of Privacy Act ; (“institution”)
“land” includes any estate, term, easement, right or interest in, to, over or affecting land; (“bien-fonds”)
“Minister” means the Minister of Transportation or any other member of the Executive Council to whom responsibility for the administration of this Act is assigned or transferred under the Executive Council Act ; (“ministre”)
“Ministry” means the ministry of the Minister; (“ministère”)
“prescribed” means prescribed by a regulation made under this Act; (“prescrit”)
“priority highway project” means,
(a) the Highway 413 Project,
(b) the Bradford Bypass Project,
(c) the Garden City Skyway Twinning Project, or
(d) any other prescribed highway project; (“chantier routier prioritaire”)
“property owner” includes a mortgagee, lessee, tenant, occupant, person entitled to a limited estate or interest, and a guardian, executor, administrator or trustee in whom land or any interest therein is vested; (“propriétaire du bien”)
“registered owner” has the same meaning as in the Expropriations Act ; (“propriétaire enregistré”)
“regulation” means a regulation made under this Act; (“règlement”)
“related activities”, in respect of priority highway projects, includes activities to change existing infrastructure such as sewage works, rail lines, highways, municipal and private roads and utility infrastructure; (“activités connexes”)
“utility company” means a municipal corporation or commission or a company or individual operating or using communications services, water services or sewage services, or transmitting, distributing or supplying any substance or form of energy for light, heat or power; (“entreprise de services publics”)
“utility infrastructure” means poles, wires, cables including fibre-optic cables, conduits, towers, transformers, pipes, pipe lines or any other works, structures or appliances placed over, on or under land or water by a utility company. (“infrastructure de services publics”)
Expropriations
No adjustment of date of possession
3 (1) Despite subsection 39 (3) of the Expropriations Act , a registered owner may not apply under that provision for an adjustment of the date of possession specified in a notice of possession if the Minister expropriated the land under the Public Transportation and Highway Improvement Act for the purposes of a priority highway project.
(2) An application referred to in subsection (1) that was made by a registered owner on or after the day the Reducing Gridlock, Saving You Time Act, 2024 received first reading but before the day this Act came into force is terminated on the day this Act came into force if the application was not disposed of before that day.
Utilities and Other Infrastructure
Notice to take up, remove or change location of utility infrastructure
4 (1) The Minister may by notice require a utility company to take up, remove or change the location of utility infrastructure if, in the opinion of the Minister, the taking up, removing or changing in location is for the purposes of a priority highway project.
Requirements for notice
(2) The notice issued under subsection (1) shall be in writing and include the following information:
1. The name of the priority highway project for which the notice is being given.
2. A description of the utility infrastructure that needs to be taken up, removed or changed in location.
3. The date by which the work must be completed.
4. A statement that written submissions may be made to the Minister within 15 days after receiving the notice or by such later date as is specified in the notice, and instructions on how to submit written submissions.
5. A statement that the notice is issued pursuant to this section of this Act.
6. Contact information for further information about the notice.
Submissions
(3) The utility company to which the notice is issued under subsection (1) may make submissions in writing to the Minister by the date specified in the notice, including submissions in respect of any technical or other difficulties with completing the work by the date referred to in paragraph 3 of subsection (2).
Minister’s decision
(4) After considering any submissions made under subsection (3), the Minister may, in writing,
(a) confirm the notice;
(b) issue an amended notice; or
(c) revoke the notice.
Date in amended notice
(5) If an amended notice is issued under subsection (4), the notice shall not specify a date for completion of the work that is earlier than the date specified in the notice issued under subsection (1).
Minister may cause work to be done
5 (1) Where a notice is issued under subsection 4 (1) or amended under subsection 4 (4), the Minister may cause any work required by the notice to be done if the utility company fails to do the work by the date specified in the notice or amended notice.
Notice of intent to cause work to be done
(2) The Minister shall provide notice, in advance of any work to be done pursuant to subsection (1), to the utility company to whom the notice was issued and to the property owner.
(3) A notice under subsection (2) shall be in writing and include the date and approximate time of the work.
Compensation by Minister
6 If the utility company completes the work required by the notice issued under subsection 4 (1) or amended under subsection 4 (4), the Minister shall compensate the utility company for the actual costs of doing the work.
Compensation by company
7 (1) If the Minister causes any work to be done pursuant to subsection 5 (1), the utility company shall compensate the Minister for the value of any loss or expense incurred by the Minister resulting from the failure of the utility company to comply with the notice.
Actual cost of work not included
(2) For greater certainty, the value referred to in subsection (1) does not include the actual cost of doing the work required by the notice.
Supplying information re infrastructure
8 (1) The Minister may make a request to a person for information concerning infrastructure that the person owns or operates that may be affected by a priority highway project.
Disclosing information
(2) A person who receives a request under subsection (1) shall supply the information no later than 15 days after receiving the request or at such later time as may be specified in the request.
Information maintained in confidence
(3) The Minister and every person employed in the Ministry that has access to information supplied under this section shall maintain it in confidence.
(4) Despite subsection (3), the Minister or a person employed in the Ministry that has access to information supplied under this section may disclose it,
(a) if the person who supplied the information consents to its disclosure;
(b) if the disclosure is necessary for the purposes of the planning, design or construction of a priority highway project;
(c) if the disclosure is necessary for the purposes of other infrastructure that is planned, designed or constructed to be adjacent to or in connection with a priority highway project;
(d) to counsel or to an advisor to the Minister or Ministry;
(e) for the purposes of complying with an Act of the Legislature or an Act of Parliament;
(f) where disclosure is to an institution or a law enforcement agency in Canada to aid a law enforcement investigation; or
(g) where disclosure is further to an order of a court or tribunal.
Information deemed to have been supplied to Minister in confidence
(5) A record that contains information received in accordance with this section is deemed for the purposes of section 17 of the Freedom of Information and Protection of Privacy Act to have been supplied to the Minister by the person in confidence, and the information is deemed to be information that, if disclosed, could reasonably be expected to result in undue loss or gain to any person, group, committee or financial institution or agency.
Information deemed to have been supplied by Minister in confidence
(6) Information received in accordance with this section that the Minister discloses to another institution is deemed, for the purposes of section 17 of the Freedom of Information and Protection of Privacy Act , to have been supplied in confidence to that institution, and the information is deemed to be information that, if disclosed, could reasonably be expected to result in undue loss or gain to any person, group, committee or financial institution or agency.
Site Inspections
Site inspection
9 (1) Subject to subsection (2), the Minister or any person authorized by him or her may enter any property for the purposes of carrying out a site inspection to support the planning, design or construction of a priority highway project, and for this purpose may,
(a) make records of the property and surrounding area;
(b) take samples;
(c) conduct tests or surveys;
(d) assemble, install, place or leave monitoring equipment on the property to collect information or make records; and
(e) alter in any manner any natural or artificial feature of the property to carry out the activities in clauses (a) to (d).
(2) A site inspection shall not take place in a dwelling.
Compensation and restoration
(3) If the Minister or any person authorized by him or her does one or more of the things mentioned in clause (1) (b), (c), (d) or (e), after doing so the Minister shall,
(a) compensate the property owner for any damages resulting from the work, and the procedure for obtaining compensation set out in section 11 applies; and
(b) make reasonable efforts to restore the property to its condition prior to the work.
Manner of carrying out site inspection
Advance notice
10 (1) The Minister shall provide advance notice of a site inspection to the property owner at least 15 days before the site inspection.
(2) The advance notice shall be in writing and include the following information:
1. The intended date and approximate time of the site inspection, with a statement that reasonable efforts will be made to have the site inspection at a date and time that is mutually convenient.
2. The approximate duration of the site inspection.
3. The purpose of the site inspection.
4. That the property owner may be entitled to compensation and the procedure for determining compensation.
5. That obstructing a site inspection or interfering with any equipment used for a site inspection is an offence under this Act.
6. Contact information for further information.
Date and time
(3) The Minister shall make reasonable efforts to have a site inspection take place at a date and time that is mutually convenient to the Minister and the property owner.
If no agreement
(4) If no mutually convenient time is identified, a site inspection shall be carried out,
(a) during the regular business hours of the place;
(b) if the place does not have regular business hours, at any time the place is open for business;
(c) if the place is not a business or if clauses (a) and (b) are otherwise not applicable, at any time during daylight hours; or
(d) if the nature of the site inspection is such that it must be carried out at a specific time of day, that time of the day, whether or not it is during daylight hours.
Identification
(5) A person authorized by the Minister to carry out a site inspection shall produce, on request, evidence of being authorized to do so.
Accompaniment
(6) A person authorized by the Minister to carry out a site inspection may be accompanied by one or more individuals under the person’s direction to assist with the site inspection.
Use of force
(7) A person carrying out a site inspection is not entitled to use force to enter the property.
Compensation
11 (1) This section sets out procedures in respect of obtaining compensation in relation to a site inspection.
Notice to property owner
(2) Where a site inspection was carried out under section 9, the Minister shall, within 60 days after its conclusion, give notice to the property owner describing the site inspection that was carried out, the land affected by it and the efforts made to restore the property, and stating that the property owner may file a claim for compensation with the Ministry within six months after the date of the notice.
Particulars
(3) The Minister may require a property owner who claims compensation to provide the Minister with a true statement showing the particulars of the property owner’s interest in the property and of the claim.
No compensation
(4) There is no obligation to compensate the property owner for any damages resulting from a site inspection where notice has been given under subsection (2) and a claim for compensation is not made within six months after the date of the notice.
Compensation dispute
(5) If the Minister and the property owner do not agree on compensation, either of them may apply to the Ontario Land Tribunal to determine compensation.
(6) The Tribunal may order interest on the compensation from when the work began at the prescribed rate, if there is a prescribed rate.
Exception to interest
(7) Despite subsection (6),
(a) if the property owner was offered, in writing, compensation greater than the amount determined by the Tribunal, no interest may be ordered in respect of any period after the date of the offer; and
(b) if the Tribunal is of the opinion that any delay in determining the compensation is attributable in whole or in part to the property owner, the Tribunal may refuse to order interest for the whole or any part of the time for which the property owner might otherwise be entitled to interest, or may order interest at such rate less than the prescribed rate as appears just.
Municipality or local board
(8) If the property owner is a municipality or a local board within the meaning of the Municipal Act, 2001 or the City of Toronto Act, 2006 , then despite subsections (1) to (5),
(a) the Minister may compensate the property owner for any damages resulting from the site inspection, but does not have to;
(b) if the Minister compensates the property owner, the Minister shall decide the quantum of compensation and may provide only partial compensation; and
(c) for greater certainty, the Minister is not required to compensate the property owner for anything done under subsection 9 (1), and the procedure for determining compensation set out in subsections (1) to (5) of this section does not apply.
12 (1) Every person is guilty of an offence who hinders, obstructs or interferes with the Minister, any person authorized by the Minister or any person described in subsection 10 (6) from carrying out a site inspection under section 9.
(2) Every person is guilty of an offence who hinders, obstructs or interferes with the Minister, any employee in the Ministry or a person acting on behalf of any of them in taking possession of land that is vested in the Crown and which the Minister has the right to possess for the purposes of a priority highway project.
(3) Every person is guilty of an offence who damages, alters, tampers with, removes or destroys any equipment installed, placed or left upon land under clause 9 (1) (d).
(4) A person who is guilty of an offence under subsection (1), (2) or (3) is liable on conviction,
(a) in the case of an individual,
(i) for a first offence, to a fine of not more than $50,000 plus not more than an additional $10,000 for each day on which the offence continues after the day it commences, or
(ii) for a second or subsequent conviction for that offence, to a fine of not more than $100,000 plus not more than an additional $10,000 for each day on which the offence continues after the day it commences; or
(b) in the case of a corporation,
(i) for a first offence, to a fine of not more than $500,000 plus not more than an additional $10,000 for each day on which the offence continues after the day it commences, or
(ii) for a second or subsequent conviction for that offence, to a fine of not more than $1,000,000 plus not more than an additional $10,000 for each day on which the offence continues after the day it commences.
Order for entry or possession
13 (1) A justice of the peace may issue an order authorizing a person named in the order to enter property specified in the order to do anything authorized under subsection 9 (1) or to take possession of land that is vested in the Crown and that the Minister has the right to possess for the purposes of a priority highway project if the justice is satisfied, on information under oath, that there are reasonable grounds to believe that,
(a) it is appropriate for a person to do the things authorized under subsection 9 (1) or the Minister is entitled to take possession of the land, as the case may be; and
(b) the person may not be able to carry out his or her duties effectively without an order under this section because,
(i) no occupier is present to grant access to a place that is locked or otherwise inaccessible,
(ii) another person has prevented or may prevent the person from doing the things authorized under subsection 9 (1) or from taking possession of the land,
(iii) it is impractical, due to timing restrictions related to the planning, design and construction of a priority highway project or because of any other reason, for a person to obtain an order under this subsection without delay if access is denied, or
(iv) an attempt by a person to do the things authorized under subsection 9 (1) or to take possession of land without the order might not achieve its purpose without the order.
(2) Unless renewed, an order under this section expires on the earlier of the day specified in the order and the 30th day after the day the order is issued.
(3) An order under this section may be renewed in the circumstances in which an order may be issued under subsection (1), before or after expiry, for one or more periods, each of which is not more than 30 days.
Application without notice
(4) An order under this section may be issued or renewed on application without notice.
When to be executed
(5) Unless the order provides otherwise, everything that an order under this section authorizes must be done between 6 a.m. and 9 p.m.
Application for dwelling
(6) An application for an order under this section authorizing entry to a dwelling shall specifically indicate that the application relates to a dwelling, and the order may authorize such entry.
(7) A person authorized to carry out the things specified in the order issued under subsection (1) shall produce, on request, a copy of the order.
(8) Unless the order specifies otherwise, the person named in the order may be accompanied by one or more persons under their direction to assist in carrying out the things specified in the order.
(9) An application for an order under this section authorizing the use of force shall specify the nature of the force that may be needed to be used to do the things authorized under subsection 9 (1) or to take possession of the land, as the case may be, and the order may authorize such use of force.
Other terms and conditions
(10) An order may contain terms and conditions that the justice considers advisable in the circumstances, and a renewed order may contain additional or amended terms and conditions.
Calling for assistance of member of police service
(11) A person authorized by an order issued under subsection (1) may take such steps and employ such assistance as is necessary to accomplish what is required in the order, and may call for the assistance of any member of the police service in the area where the assistance is required, and it is the duty of every member of a police service to render such assistance.
Designation of Priority Highway Projects
Delivery of goods and services to facilitate 24 hour construction
14 (1) If a priority highway project is designated by a regulation for the purposes of this section, a restriction imposed in a municipal by-law that prevents or restricts a person from delivering goods or services to the priority highway project, including a restriction relating to noise or the use of highways under the jurisdiction of the municipality, is inoperative to the extent that it would prevent or restrict the delivery of the goods or services.
(2) Despite subsection (1), the following restrictions continue to apply in respect of the delivery of goods and services to the designated priority highway project:
1. A restriction that establishes a weight restriction on a bridge, culvert or other similar structure.
2. A restriction that establishes a speed limit.
3. A restriction that prohibits the use of a highway under the jurisdiction of the municipality by vehicular traffic due to maintenance or construction.
4. A restriction that prohibits the use of a highway under the jurisdiction of the municipality for three days or less due to the holding of a street or special event on the highway.
5. A prescribed restriction.
Miscellaneous
Providing a document
15 (1) A notice or request provided or made by the Minister under section 4, 5, 8, 10 or 11 is sufficiently provided or made if it is,
(a) delivered directly to the person;
(b) left at the person’s last known address, in a place that appears to be for incoming mail or with an individual who appears to be 16 years old or older;
(c) sent by regular mail to the person’s last known address;
(d) sent by commercial courier to the person’s last known address; or
(e) provided by other prescribed means.
Deemed receipt
(2) For the purposes of subsection (1),
(a) a document left under clause (1) (a) or (b) is deemed to have been received on the first business day after it was left;
(b) a document sent under clause (1) (c) is deemed to have been received on the fifth business day after the day it was mailed;
(c) a document sent under clause (1) (d) is deemed to have been received on the second business day after the day the commercial courier received it; and
(d) a document given under clause (1) (e) is deemed to have been received on the day specified by the regulations.
No expropriation, injurious affection
16 Nothing referred to in section 3, 4, 5, 9 or 18 constitutes an expropriation or injurious affection for the purposes of the Expropriations Act or otherwise at law.
No personal liability
17 (1) No cause of action arises against any person referred to in subsection (2) for any act done in good faith in the exercise or performance, or intended exercise or performance, of the person’s powers, duties or functions under this Act or for any alleged neglect, default or other omission in the exercise or performance in good faith of those powers, duties or functions.
(2) The persons for the purposes of subsection (1) are,
(a) any current or former,
(i) member of the Executive Council;
(ii) Deputy Minister of the Ministry;
(iii) employee, officer or agent of the Crown; and
(b) any current or former employee, officer or director of an independent contractor providing services to the Crown for the purposes of this Act, including services to assist with work caused to be done under section 5 or with a site inspection under section 9.
Crown remains vicariously liable
(3) Despite subsection 8 (3) of the Crown Liability and Proceedings Act, 2019 , subsection (1) does not relieve the Crown of liability to which it would otherwise be subject as a result of the acts or omissions of a person specified in clause (2) (a).
Independent contractor remains vicariously liable
(4) Subsection (1) does not relieve an independent contractor of liability to which it would otherwise be subject as a result of the acts or omissions of a person specified in clause (2) (b).
Proceedings barred
(5) No proceeding shall be commenced against any person specified in subsection (2) in respect of a matter referred to in subsection (1).
(6) Subsection (5) does not apply with respect to an application for judicial review or any proceeding that is specifically provided for under this Act, but does apply with respect to any other court, administrative or arbitral proceeding claiming any remedy or relief, including specific performance, an injunction, declaratory relief, a remedy in contract, restitution, unjust enrichment or tort, a remedy for breach of trust or fiduciary obligation or any equitable remedy, enforcement of a judgment, order or award made outside Ontario or any form of compensation or damages including loss of revenue or profit.
Certain proceedings not prevented
(7) This section does not apply with respect to proceedings,
(a) brought by the Crown against any person; or
(b) brought by an independent contractor who provides services to the Crown for the purposes of this Act against a current or former employee, director or officer of that independent contractor.
Regulations, Lieutenant Governor in Council
18 The Lieutenant Governor in Council may make regulations prescribing highway projects for the purposes of the definition of “priority highway project” in section 2.
Regulations, Minister
19 The Minister may make regulations,
(a) prescribing a rate for the purposes of subsection 11 (6);
(b) designating priority highway projects or parts of priority highway projects for the purposes of subsection 14 (1);
(c) prescribing restrictions for the purposes of paragraph 5 of subsection 14 (2);
(d) prescribing other means of providing notice for the purposes of clause 15 (1) (e) and the day of deemed receipt for the purposes of clause 15 (2) (d).
Commencement and Short Title
20 The Act set out in this Schedule comes into force on the day the Reducing Gridlock, Saving You Time Act, 2024 receives Royal Assent.
21 The short title of the Act set out in this Schedule is the Building Highways Faster Act, 2024 .
Definitions
1 In this Act,
“change to the Highway 413 Project” means,
(a) a change to the Highway 413 Project as the project is described in the final environmental impact assessment report published under subsection 8 (4), as amended by any final addendum published under subsection 9 (8),
(b) a change to the manner in which the Highway 413 Project is carried out, including a change to how the Ministry will mitigate negative impacts on the environment and monitor and verify the effectiveness of its mitigation, as described in the final environmental impact assessment report published under subsection 8 (4), as amended by any final addendum published under subsection 9 (8), and
(c) a prescribed type of change; (“ modification du projet d’autoroute 413”, “modification du projet”)
“environment” has the same meaning as in the Environmental Assessment Act ; (“environnement”)
“highway” has the same meaning as in the Public Transportation and Highway Improvement Act ; (“voie publique”)
“Highway 413” means a highway that connects Highway 400 in the Regional Municipality of York to Highway 401 and Highway 407 in the Regional Municipality of Halton and the Regional Municipality of Peel and includes related facilities and structures such as parking facilities, stormwater management ponds, commercial vehicle inspection facilities and maintenance yards ; (“autoroute 413”)
“Highway 413 early works projects” means the following activities carried out by or on behalf of the Minister,
(a) constructing an embankment for a ramp near the existing ramp that starts at Exit 330 on westbound Highway 401 and connects westbound Highway 401 to westbound Highway 407 in the Regional Municipality of Halton,
(b) constructing a bridge within the Highway 413 route that is within or near the right of way for Highway 10 within the Regional Municipality of Peel,
(c) constructing a bridge within the Highway 413 route that is within or near the right of way for Bovaird Drive West within the Regional Municipality of Peel,
(d) any activities for or related to the activities described in clauses (a) to (c),
(e) constructing fencing for or related to any of the activities described in clauses (a) to (d) or clause (f), or otherwise constructing fencing for or related to Highway 413 or extensions of Highway 410 and Highway 427 to connect them to Highway 413, and any activities required for constructing such fencing, and
(f) such other activities for or related to Highway 413 or extensions of Highway 410 and Highway 427 to connect them to Highway 413 as may be prescribed; (“projets de travaux préliminaires de l’autoroute 413”)
“Highway 413 Project” means the following activities carried out by or on behalf of the Minister, other than the Highway 413 early works projects,
(a) constructing Highway 413,
(b) constructing extensions of Highway 410 and Highway 427 to connect them to Highway 413,
(c) changing any,
(i) existing sewage works, rail lines or highways for or related to the activities set out in clause (a) or (b), or
(ii) any prescribed thing related to the activities referred to in clause (a) or (b), and
(d) such other activities related to an activity referred to in (a), (b) or (c) as may be prescribed; (“projet d’autoroute 413”)
“Highway 413 route” means the area identified as the Preliminary Route Planning Study Area in Exhibit 6-20 of the GTA West Corridor Environmental Assessment Study: Transportation Development Study Report, dated November 2012, a copy of which is available on the Project website, as may be altered by the regulations; (“tracé de l’autoroute 413”)
“Minister” means the Minister of Transportation or such other member of the Executive Council to whom responsibility for the administration of this Act is assigned or transferred under the Executive Council Act ; (“ministre”)
“person” includes a municipality, the Crown and a Crown agency within the meaning of the Crown Agency Act ; (“personne”)
“prescribed” means prescribed by the regulations; (“prescrit”)
“Project website” means a website maintained by or on behalf of the Minister on which information on the Highway 413 Project is publicly shared; (“site Web du projet”)
“regulations” means the regulations made under this Act; (“règlements”)
“significant change” means a change to the Highway 413 Project that is,
(a) a change to the alignment for Highway 413 and extensions of Highway 410 and Highway 427 to connect them to Highway 413 , as shown on the maps and drawings of the Ministry’s preliminary design in the final environmental impact assessment report published under subsection 8 (4), as may be amended by any final addendum published under subsection 9 (8),
(b) the addition of or a change to the location of a parking facility, stormwater management pond, commercial vehicle inspection facility or maintenance yard,
(c) the addition of a bridge, interchange, intersection or roundabout,
(d) the addition of one or more lanes,
(e) a change to how or whether the Ministry will mitigate impacts on the environment, except,
(i) where the change is required to comply with a provincial or federal Act, a regulation made under such an Act or an order, permit, approval or other instrument issued under such an Act, or
(ii) as prescribed, or
(f) a prescribed type of change. (“modification importante”)
Exemptions from Environmental Assessment Act
2 (1) The following are exempt from the Environmental Assessment Act :
1. The Highway 413 Project, including any change to the Highway 413 Project.
2. The Highway 413 early works projects.
3. Any enterprise or activity other than an enterprise or activity referred to in paragraph 1 or 2 that,
i. is carried out by or on behalf of the Minister, and
ii. is for or related to Highway 413 or extensions of Highway 410 and 427 to connect them to Highway 413, including establishing Highway 413 and the extensions.
4. Any enterprise or activity to which the terms of reference for the GTA West Corridor, approved on March 4, 2008 under the Environmental Assessment Act with file number EA-02-07, apply.
5. Any proposal, plan or program in respect of an enterprise or activity referred to in paragraphs 1 to 4.
6. Any prescribed enterprise or activity or proposal, plan or program in respect of an enterprise or activity that is for or related to Highway 413 or extensions of Highway 410 and Highway 427 to connect them to Highway 413.
Exemptions cease to apply
(2) The exemptions set out in subsection (1) cease to apply once the notice of completion is given under section 10.
Non-application
(3) An exemption set out in subsection (1) does not apply to any enterprise or activity or proposal, plan or program in respect of any enterprise or activity that may be prescribed.
Prohibition re carrying out Highway 413 Project
3 (1) Subject to subsection (2), no person shall carry out the Highway 413 Project except in accordance with the final environmental impact assessment report published under subsection 8 (4) as amended by any final addendum published under subsection 9 (8).
Non-application — change
(2) If the Minister makes a change to the Highway 413 Project that is not a significant change, subsection (1) does not apply to the extent that carrying out the change does not accord with the final environmental impact assessment report published under 8 (4), as amended by any final addendum published under subsection 9 (8).
Activities before process completed
(3) For greater certainty, nothing in this Act prevents a person from carrying out the following activities before the requirements set out in sections 4 to 9 are fulfilled:
1. The Highway 413 early works projects.
2. Acquiring land or interests in land, including by expropriation, for the Highway 413 Project, including any change to the Highway 413 Project, and the Highway 413 early works projects.
3. Entering into contracts for the Highway 413 Project, including any change to the Highway 413 Project, and the Highway 413 early works projects.
4. Issuing an authorization required for the Highway 413 Project, including any change to the Highway 413 Project, and the Highway 413 early works projects.
Indigenous consultation plan
4 (1) The Minister shall prepare an Indigenous consultation plan that includes,
(a) a list of Indigenous communities that have or may have existing Aboriginal or treaty rights, as recognized and affirmed in section 35 of the Constitution Act, 1982 , that may be impacted by the Highway 413 Project;
(b) a list of any Indigenous communities that may otherwise be interested in the Highway 413 Project; and
(c) the plan for,
(i) consulting with Indigenous communities referred to in clause (a) in respect of the impacts of the Highway 413 Project, including any significant change, on existing Aboriginal or treaty rights, as recognized and affirmed in section 35 of the Constitution Act, 1982 , and
(ii) consulting with Indigenous communities referred to in clauses (a) and (b) in respect of the assessment of the impacts of the Highway 413 Project and identification of mitigation required by section 5, the draft environmental impact assessment report prepared under section 6, any significant change and any draft addenda prepared under section 9.
Circulation of plan
(2) The Minister shall circulate the Indigenous consultation plan to the communities referred to in subsection (1).
Circulation of changes
(3) If the Minister makes any changes to the Indigenous consultation plan, the Minister shall circulate the changes to the communities referred to in subsection (1).
Implementation
(4) The Minister shall implement the Indigenous consultation plan, including any changes to the plan.
Assessment of impacts on environment
5 (1) Before completing the draft environmental impact assessment report under section 6, the Minister shall,
(a) assess the impacts of the Highway 413 Project on the environment; and
(b) identify how the Ministry will mitigate negative impacts identified in the assessment under clause (a).
Assessment based on preliminary design
(2) The assessment of impacts and identification of mitigation under subsection (1) shall be based on the Ministry’s preliminary design for the Highway 413 Project.
Use of studies, etc.
(3) For greater certainty, in fulfilling the requirements of subsection (1), the Minister may use studies, research, evaluations or other work carried out before or after this Act came into force in respect of the Highway 413 Project.
Draft environmental impact assessment report
6 (1) The Minister shall prepare a draft environmental impact assessment report in accordance with subsection (2).
(2) The draft environmental impact assessment report shall contain the following:
1. A statement of the purpose of the Highway 413 Project.
2. A description of the Highway 413 Project based on the Ministry’s preliminary design for the Highway 413 Project.
3. A map showing the location of Highway 413 and extensions of Highway 410 and Highway 427 to connect them to Highway 413.
4. One or more maps and drawings showing the Ministry’s preliminary design for the Highway 413 Project, including the alignment for Highway 413 and extensions of Highway 410 and Highway 427 to connect them to Highway 413.
5. A description of the other alignments for Highway 413 and extensions of Highway 410 and Highway 427 to connect them to Highway 413 that were considered by the Ministry since November 1, 2012.
6. The rationale for selecting the alignment for Highway 413 and extensions of Highway 410 and Highway 427 to connect them to Highway 413.
7. A summary of the local environmental conditions of the Highway 413 route identified by the Ministry.
8. A description of studies of the environment completed or updated by the Ministry after November 1, 2012 in respect of the Highway 413 Project.
9. The Minister’s assessment under clause 5 (1) (a) of the impacts of the Highway 413 Project on the environment.
10. The Minister’s criteria for the assessment of impacts referred to in paragraph 9.
11. A description of how the Ministry will mitigate negative impacts of the Highway 413 Project on the environment as identified under clause 5 (1) (b).
12. A description of how the Ministry will monitor and verify the effectiveness of its mitigation referred to in paragraph 11.
13. A list of any provincial, federal or other authorizations that may be required for the Highway 413 Project based on the Ministry’s preliminary design for the Highway 413 Project.
14. A consultation record, including,
i. a summary of consultation carried out with Indigenous communities in respect of the Highway 413 Project after November 1, 2012, including a summary of,
A. comments submitted and concerns raised by Indigenous communities, and
B. discussions that the Ministry had with Indigenous communities,
ii. a summary of consultation carried out with the public in respect of the Highway 413 Project after November 1, 2012, including a summary of written comments and concerns submitted by members of the public, and
iii. a description of what the Ministry did to respond to concerns referred to in subparagraphs i and ii.
Studies, para. 8 of subs. (2)
(3) The studies referred to in paragraph 8 of subsection (2) includes studies related to,
(a) fish and fish habitat;
(b) terrestrial ecosystems;
(c) archaeological resources;
(d) air quality;
(e) agriculture;
(f) noise;
(g) socio-economic conditions; and
(h) drainage and stormwater management.
Publication of studies
(4) The Minister shall publish the studies and updates of studies described in the draft environmental impact assessment report on the Project website, except where, in the opinion of the Minister, the studies or updates of studies contain information about sensitive natural or cultural heritage matters.
Notice of draft environmental impact assessment report
7 (1) The Minister shall prepare and distribute a notice of draft environmental impact assessment report.
(2) The notice shall include the following information:
1. The Project website’s address.
2. A map showing the location of Highway 413 and extensions of Highway 410 and Highway 427 to connect them to Highway 413.
3. A statement that the draft environmental impact assessment report is available for comment.
4. Information on how to access a copy of the draft environmental impact assessment report.
5. The name, phone number and email address of a person who may be contacted on behalf of the Ministry.
6. Information about the opportunity to submit written comments on the draft environmental impact assessment report, including the date by which any comments must be submitted.
Distribution
(3) The Minister shall distribute the notice by,
(a) giving a copy of the notice to,
(i) every Indigenous community that is listed in the Indigenous consultation plan prepared under section 4,
(ii) the clerk of every municipality that is within the alignment for Highway 413 and extensions of Highway 410 and Highway 427 to connect them to Highway 413, as shown on the maps and drawings of the Ministry’s preliminary design in the draft environmental impact assessment report prepared under section 6,
(iii) every person on any list maintained by the Ministry of persons who have expressed interest in the Highway 413 Project, and
(iv) any federal department or agency who, in the opinion of the Minister, may be interested in the Highway 413 Project; and
(b) publishing the notice,
(i) in one or more newspapers having general circulation in the municipalities that are within the alignment for Highway 413 and extensions of Highway 410 and Highway 427 to connect them to Highway 413, as shown on the maps and drawings of the Ministry’s preliminary design in the draft environmental impact assessment report prepared under section 6, and
(ii) on the Project website.
Final environmental impact assessment report
8 (1) After publishing the notice of draft environmental impact assessment report under clause 7 (3) (b), the Minister shall do the following:
1. Provide the Indigenous communities and persons to whom a copy of the notice under clause 7 (3) (a) is required to be given and the public an opportunity to submit written comments on the draft environmental impact assessment report.
2. Provide access to a copy of the draft environmental impact assessment report to the Indigenous communities and persons to whom a copy of the notice under clause 7 (3) (a) is required to be given and to the public by publishing a copy on the Project website or by such other means as the Minister considers appropriate.
3. Prepare the final environmental impact assessment report in accordance with subsections (2) and (3).
Preparation of final environmental impact assessment report
(2) In preparing the final environmental impact assessment report, the Minister shall do the following:
1. Consider any concerns that were raised regarding the draft environmental impact assessment report in comments provided by the Indigenous communities referred to in paragraph 1 of subsection (1).
2. Consider any concerns that were raised regarding the draft environmental impact assessment report in written comments submitted by the following persons by the date set out in the notice of draft environmental impact assessment report distributed under section 7 by which written comments must be submitted:
i. Persons to whom a copy of the notice under subclauses 7 (3) (a) (ii) to (iv) is required to be given.
ii. Members of the public.
Contents of final environmental impact assessment report
(3) The final environmental impact assessment report shall include the following:
1. A description of the concerns regarding the draft environmental impact assessment report raised by the Indigenous communities referred to in paragraph 1 of subsection (1) and of what the Ministry did to respond to these concerns.
2. A description of the concerns regarding the draft environmental impact assessment report raised by the persons referred to paragraph 2 of subsection (1) in written comments submitted by the date set out in the notice of draft environmental impact assessment report distributed under section 7 by which written comments must be submitted, and of what the Ministry did to respond to these concerns.
3. A description of any changes to,
i. the Ministry’s preliminary design for the Highway 413 Project that was identified in the draft environmental impact assessment report published under clause 7 (3) (b), and
ii. the manner in which the Highway 413 Project is to be carried out that was described in the draft environmental impact assessment report.
4. If a change described in subparagraph 3 i has been made and the Minister considers it appropriate, a map or drawings showing the change.
Publication of final environmental impact assessment report
(4) The Minister shall publish the final environmental impact assessment report on the Project website.
Notice of publication
(5) The Minister shall notify the Indigenous communities and the persons to whom a copy of the notice under clause 7 (3) (a) is required to be given of the publication of the final environmental impact assessment report and provide them with access to a copy of it.
Significant change — process
9 (1) The Minister shall carry out the following steps with respect to a significant change:
1. Undertake any studies of the environment in relation to the significant change that the Minister considers appropriate.
2. Assess any impacts of the significant change on the environment.
3. Identify how the Ministry will mitigate any negative impacts identified in the assessment under paragraph 2.
4. Prepare a draft addendum to the final environmental impact assessment report and a final addendum in accordance with this section.
Draft addendum — contents
(2) A draft addendum to the final environmental impact assessment report shall include the following information:
1. A description of the significant change.
2. The reasons for the significant change.
3. A description of any studies of the environment undertaken by the Minister in relation to the significant change and identification of the area studied.
4. The Minister’s assessment and comparison of any alternative to the significant change considered by the Minister.
5. The Minister’s assessment of any impacts of the significant change on the environment.
6. A description of how the Ministry will mitigate any negative impacts of the significant change on the environment.
7. A description of how the Ministry will monitor and verify the effectiveness of the mitigation measures proposed under paragraph 6.
8. A consultation record that includes,
i. a summary of consultation carried out with Indigenous communities in respect of the significant change, including a summary of,
ii. a summary of consultation carried out with the public in respect of the significant change, including a summary of written comments and concerns submitted by members of the public, and
Notice of draft addendum — contents
(3) If a draft addendum is required to be prepared under paragraph 4 of subsection (1), the Minister shall prepare a notice of draft addendum that contains the following:
2. A description of the significant change.
3. The reason for the significant change.
4. A map showing the location of the significant change.
5. A statement that the draft addendum is available for comment.
6. Information on how to access a copy of the draft addendum.
7. The name, phone number and email address of a person who may be contacted on behalf of the Ministry.
8. Information about the opportunity to provide written comments on the draft addendum, including the date by which written comments must be submitted.
Notice of draft addendum — distribution
(4) The Minister shall distribute the notice of draft addendum by,
(ii) the clerk of every municipality within which the significant change is located, and
(iii) any federal department and agency or other person who, in the opinion of the Minister, may be interested in the significant change; and
(i) in one or more newspapers having general circulation in any municipality within which the significant change is located, and
After notice published
(5) After publishing the notice of draft addendum under clause (4) (b), the Minister shall do the following:
1. Provide the Indigenous communities and persons to whom a copy of the notice under clause (4) (a) is required to be given and the public an opportunity to submit written comments on the draft addendum.
2. Provide access to a copy of the draft addendum to the Indigenous communities and persons to whom a copy of the notice under clause (4) (a) is required to be given and to the public by publishing a copy on the Project website or by such other means as the Minister considers appropriate.
3. Prepare the final addendum in accordance with subsections (6) and (7).
Preparation of final addendum
(6) In preparing the final addendum, the Minister shall do the following:
1. Consider any concerns that were raised regarding the draft addendum in comments provided by the Indigenous communities referred to in paragraph 1 of subsection (5).
2. Consider any concerns that were raised regarding the draft addendum in written comments submitted by the following persons by the date set out in the notice of draft addendum distributed under subsection (4) by which written comments must be submitted:
i. Persons to whom a copy of the notice under subclauses (4) (a) (ii) and (iii) is required to be given.
Contents of final addendum
(7) The final addendum shall include the following:
1. A description of the concerns regarding the draft addendum raised by the Indigenous communities referred to in paragraph 1 of subsection (6) and of what the Ministry did to respond to these concerns.
2. A description of the concerns regarding the draft addendum submitted by persons referred to in paragraph 2 of subsection (6) in written comments submitted by the date set out in the notice of draft addendum distributed under subsection (4) by which written comments must be submitted and of what the Ministry did to respond to these concerns.
3. A description of any revisions to the significant change described in the draft addendum.
Publication of final addendum
(8) The Minister shall publish the final addendum on the Project website.
Notice of final addendum
(9) The Minister shall notify the Indigenous communities and the persons to whom a copy of the notice is required to be given under clause (4) (a) of the final addendum published under subsection (8).
Notice of completion
10 Once the Minister is satisfied the Highway 413 Project is complete, the Minister shall publish a notice that meets the prescribed requirements, if any, on the Project website indicating that the Highway 413 Project is complete.
Deemed authorization
11 (1) For the purposes of any provincial plan, as these may be amended from time to time, the Highway 413 Project, including any change to the Highway 413 Project, and the Highway 413 early works projects are deemed to have been subject to, and approved or otherwise authorized under, the Environmental Assessment Act as of the Minister publishing the final environmental impact assessment report under subsection 8 (4).
(2) In subsection (1),
“provincial plan” has the same meaning as in the Planning Act .
Non-application of Planning Act provisions
12 (1) Clause 3 (5) (a) of the Planning Act does not apply to a decision of a minister of the Crown or a ministry, board, commission or agency of the Government of Ontario in respect of the Highway 413 Project, including any change to the Highway 413 Project, or the Highway 413 early works projects.
(2) Subsection 3 (6) of the Planning Act does not apply in respect of the Highway 413 Project, including any change to the Highway 413 Project, or the Highway 413 early works projects.
Environmental Bill of Rights, 1993
13 Part II of the Environmental Bill of Rights, 1993 does not apply to a proposal to issue, amend or revoke an instrument for or related to the Highway 413 Project, including any change to the Highway 413 Project, or the Highway 413 early works projects despite the proposal being a type of proposal for an instrument that is classified by a regulation made under that Act.
14 (1) A notice that must be given to a person under this Act is sufficiently given,
(a) by personal delivery to the person;
(b) through regular mail delivery addressed to the person at the most recent address the Ministry has on record for the person;
(c) using any method of mail delivery that permits the delivery to be verified; or
(d) by electronic transmission.
Deemed receipt — regular mail
(2) A notice delivered in accordance with clause (1) (b) is deemed to be given to the person it is addressed to on the fifth day after it is mailed.
Deemed receipt — electronic transmission
(3) A notice delivered in accordance with clause (1) (d) is be deemed to be given on the day after it is sent, unless that day is a holiday in which case the document is deemed to be received on the next day that is not a holiday.
Regulations
15 (1) The Lieutenant Governor in Council may make regulations,
(a) respecting anything that is referred to in this Act as being prescribed;
(b) defining any word or expression used in this Act that is not already defined and further defining any word or expression used in this Act that is already defined in this Act;
(c) prescribing types of change for the purposes of the definition of “significant change” in section 1;
(d) prescribing activities for the purposes of the definition of “Highway 413 Project” in section 1;
(e) prescribing activities for the purposes of the definition of “Highway 413 early works projects” in section 1;
(f) altering the area for the purpose of the definition of “Highway 413 route” in section 1;
(g) governing assessment and mitigation of impacts of the Highway 413 Project on the environment;
(h) governing notices required to be given under this Act;
(i) varying requirements for preparing, distributing and publishing notices;
(j) prescribing enterprises or activities for the purposes of paragraph 6 of subsection 2 (1);
(k) varying requirements for preparing the draft environmental impact assessment report under section 6 and the final environmental impact assessment report under section 8;
(l) varying requirements for the preparation of draft and final addenda to the final environmental impact assessment report under section 9;
(m) requiring and governing a review of the Highway 413 Project or any part of the Highway 413 Project, the final environmental impact assessment report and any final addendum, to be conducted by the Minister, including specifying the timing and frequency of the review, requirements for the review and parts of the Highway 413 Project subject to the review;
(n) governing changes to the Highway 413 Project;
(o) providing for any other matters to carry out this Act.
(2) A regulation made under clause (1) (d) or (e) shall not be made after the Minister publishes the notice of draft environmental impact assessment report on the Project website under clause 7 (3) (b).
Retroactivity
16 If it so provides, a regulation is effective with respect to a period before it is filed.
Adoption of documents in regulations
17 (1) A regulation may adopt by reference, in whole or in part, with such changes as the Lieutenant Governor in Council considers necessary, any document, including a code, formula, standard, protocol or procedure, and may require compliance with any document so adopted.
Rolling incorporation by reference
(2) The power to adopt by reference and require compliance with a document in subsection (1) includes the power to adopt a document as it may be amended from time to time.
(3) The adoption by reference of an amendment to a document comes into effect on publication of a notice of the amendment in The Ontario Gazette or in the registry under the Environmental Bill of Rights, 1993 .
18 The Act set out in this Schedule comes into force on the day the Reducing Gridlock, Saving You Time Act, 2024 receives Royal Assent.
19 The short title of the Act set out in this Schedule is the Highway 413 Act, 2024 .
1 Section 1.2 of the Highway Traffic Act is amended by adding the following clause:
(b.1) providing for and governing a reduction, refund or exemption from any fee specified in this Act;
2 The Act is amended by adding the following section:
Specific fees
5.0.1 The following fees are payable:
1. For each six-month period or part thereof during which a driver’s licence is valid, the holder of the driver’s licence shall pay a fee of $7.50.
2. For an on-road examination for a Class A, B, C, D, E or F driver’s licence, a fee of $99.
3. For a level 1 on-road examination of the holder of a Class G1 or M1 driver’s licence, a fee of $53.75.
4. For a level 2 on-road examination of the holder of a Class G2 or M2 driver’s licence, a fee of $91.25.
5. For a Class A, B, C, D, E or F driver’s knowledge test, a fee of $23.75.
6. For a driver’s knowledge test other than a test described in paragraph 5, a fee of $16.
3 The heading to Part XII of the Act is repealed and the following substituted:
PART XII MUNICIPAL BY-LAWS AND BICYCLE LANES
4 Part XII of the Act is amended by adding the following section:
Ministry approval for bicycle lanes required
195.2 (1) In the circumstances described in subsection (2), a municipality shall not construct, install or mark a bicycle lane on a highway or part of a highway under its jurisdiction and control unless the design for the bicycle lane has been approved by the Ministry and, in considering whether to give such approval, the Ministry may require information from the municipality including traffic information relating to the design for the bicycle lane and the highway.
Application
(2) Subsection (1) applies where,
(a) the design for the bicycle lane would reduce the number of marked lanes available for travel by motor vehicle traffic along any portion of or on either side of the highway where the bicycle lane is to be located; and
(b) the municipality is prescribed by regulation for the purposes of subsection (1).
Same, transition
(3) Subsection (1) does not apply if, on the day section 4 of Schedule 4 to the Reducing Gridlock, Saving You Time Act, 2024 comes into force, a contract has already been awarded or entered into for the procurement of construction, installation or marking services for the bicycle lane or, if the construction, installation or marking of the bicycle lane is to be done by the municipality and not by any party under contract, such work has already commenced.
Consideration of traffic flow
(4) When considering whether to approve the design for the construction of a bicycle lane , the Ministry may consider whether it would unduly diminish the orderly movement of motor vehicle traffic.
Ministry may review existing bicycle lanes
(5) In the circumstances described in subsection (6), the Ministry may require a municipality to provide traffic information relating to an existing bicycle lane on a highway under its jurisdiction and control, and the municipality shall comply with the request.
(6) Subsection (5) applies where,
(a) the addition of the bicycle lane reduced the number of marked lanes for travel by motor vehicle traffic along any portion of or on either side of the highway where the bicycle lane is located; and
(b) the municipality is prescribed by regulation for the purpose of subsection (5).
(7) The Minister may make regulations,
(a) prescribing municipalities for the purposes of subsections (1) and (5);
(b) governing the information that may be required by the Ministry under subsections (1) and (5);
(c) exempting any highway or class of highway from this section or any provision of it, or providing that this section or any provision of it does not apply to any highway or class of highway;
(d) providing for anything necessary or advisable for carrying out the intent and purposes of this section.
(8) In this section,
“bicycle lane” includes any portion of a highway, the use of which is wholly or partially restricted or dedicated to bicycles.
5 Section 3 of Schedule 2 to the Get It Done Act, 2024 is repealed.
6 (1) Except as otherwise provided in this section, this Schedule comes into force on the day the Reducing Gridlock, Saving You Time Act, 2024 receives Royal Assent.
(2) Sections 1 to 4 come into force on a day to be named by proclamation of the Lieutenant Governor.
1 The Towing and Storage Safety and Enforcement Act, 2021 is amended by adding the following section immediately after the heading “Restricted Towing Zones”:
39.1 In sections 40 to 43.1,
“roadside assistance services” means services provided for the purpose of repairing or rendering operable a motor vehicle that is disabled or inoperable on a highway; (“services d’assistance routière”)
“roadside assistance vehicle” means a vehicle that is used by a person who offers or provides roadside assistance services; (“véhicule d’assistance routière”)
“towing services” includes roadside assistance services. (“services de remorquage”)
2 (1) Subsection 41 (2) of the Act is repealed.
(2) Subsections 41 (3) and (4) of the Act are repealed and the following substituted:
Prohibition
(3) If any tow certificate holders are authorized to provide towing services in a restricted towing zone, no unauthorized tow operators shall provide or offer to provide towing services in that zone.
More than one certificate holder
(3.1) If more than one tow certificate holder is authorized to provide towing services in a restricted towing zone, the tow certificate holders shall provide only such services as specified by the Ministry.
(4) Subsections (3) and (3.1) do not apply to a person acting under the direction of a police officer or the Ministry.
3 Sections 42 and 43 of the Act, as re-enacted by section 23 of Schedule 36 to the Less Red Tape, Stronger Economy Act, 2023 , are amended by adding “or roadside assistance vehicle” after “tow truck” wherever it appears.
4 The Act is amended by adding the following section:
43.1 The Minister may make regulations for the purposes of sections 39.1 to 43,
(a) designating restricted towing zones;
(b) governing the erection of signs and the placing of markings to indicate a restricted towing zone and governing such signs and markings;
(c) providing for exemptions from any provisions of sections 39.1 to 43, or that any such provisions do not apply, and prescribing circumstances and conditions for any such exemption or non-application.
5 (1) Clause 64 (1) (n) of the Act is repealed.
(2) Clause 64 (1) (u) of the Act is amended by adding “subject to subsection (4.1)” at the beginning.
(3) Section 64 of the Act is amended by adding the following subsection:
Same, exception
(4.1) The power to make regulations under clause (1) (u) does not include the power to make regulations described in clause 43.1 (c).
6 This Schedule comes into force on a day to be named by proclamation of th e Lieutenant Governor.
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The Constitutional assignment of lawmaking, law-enforcing, and law-interpreting functions to the legislative, executive, and judicial branches, respectively, is known as which of the following? a) The supremacy clause b) Inherent powers c) The implied powers clause d) Separation of powers e) Direct democracy Answer: D.
Study with Quizlet and memorize flashcards containing terms like 1 The assignment in the Constitution of lawmaking, law-enforcing, and law-interpreting functions to the legislative, executive, and judicial branches respectively is known as, The Bill of Rights consists of the first _____ amendments to the Constitution., The powers of the President under the new Constitution include and more.
The assignment in the Constitution of lawmaking, law-enforcing, and law-interpreting functions to the legislative, executive, and judicial branches respectively is known as. a separation of powers. A constitutional clause that allows for a broad interpretation of implied powers is known as a(n) ____ clause.
Laws begin as ideas. First, a representative sponsors a bill. The bill is then assigned to a committee for study. If released by the committee, the bill is put on a calendar to be voted on, debated or amended. If the bill passes by simple majority (218 of 435), the bill moves to the Senate. In the Senate, the bill is assigned to another ...
The following state regulations pages link to this page. U.S. Constitution Annotated Toolbox. Explanation of the Constitution - from the Congressional Research Service
Although James Madison argued that the amendment would help to resolve doubts about how the Constitution should be construed, Representative Roger Sherman opposed the amendment as unnecessary because the Constitution already vested the legislative, executive, and judicial powers in three separate branches. 1 9 Footnote Id.
The traditional process by which a bill becomes a law is called the classic legislative process. First, legislation must be drafted. Theoretically, anyone can do this. Much successful legislation has been initially drafted by someone who is not a member of Congress, such as a think tank or advocacy group, or the president.
How Our Laws Are Made. This is a web-friendly presentation of the PDF "How Our Laws Are Made" (House Document 110-49); revised and updated by John V. Sullivan, Parliamentarian, United States House of Representatives, July 2007.. I. INTRODUCTION. This online resource provides a basic outline of the numerous steps of our federal law-making process from the source of an idea for a legislative ...
In this module, students will examine primary and secondary sources to learn about the legislative branch's structure, functions, and powers as granted by the Constitution and defined by the courts over time. Students will also explore the legislative process and the role that civil dialogue and political compromise play in crafting national ...
Article I, Section 1:. All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.. A third purpose of the Framers for the Legislative Vesting Clause was to limit the extent to which the other two branch es of government could exercise legislative power. The Framers crafted the Legislative Vesting ...
A set of proposals for a new government, submitted to the Constitutional Convention of 1787; it included separation of the government into three branches, division of the legislature into two houses, and proportional representation in the legislature. ... Is the assignment of the lawmaking, law-enforcing and law-interpreting functions of ...
The framers of the Constitution invested the most essential governmental power — the power to make laws — within a legislative body composed of members chosen from each of the states, but put checks and balances on this central branch of government by the other branches, the executive and the judicial. The powers of Congress are delineated in Article I of the Constitution.
This constitution, and the laws of the United States which shall be made in pursuance thereof, and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every State shall be bound thereby, any thing in the constitution or laws of any State to the contrary ...
The Constitution of the United States contains a preamble and seven articles that describe the way the government is structured and how it operates. The first three articles establish the three branches of government and their powers: Legislative (Congress), Executive (office of the President,) and Judicial (Federal court system). A system of checks and balances prevents any one of these ...
(A Century of Lawmaking for a New Nation) "When Joseph Gales compiled the early debates and proceedings of Congress for publication in 1834 he chose to introduce the first volume with a brief history of the making of the Constitution followed by the text of the Constitution itself, 'as originally adopted,' that is, without the amendments we know as the Bill of Rights."
the assignment in the constitution of lawmaking, law enforcing, and law interpreting functions to the legislative, executive, and judicial branches, respectively, is known as which of the following?
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The Constitution grants Congress the sole authority to enact legislation and declare war, the right to confirm or reject many Presidential appointments, and substantial investigative powers.
Enlarge PDF Link Download Link Constitution of the United States, 9/17/1787; General Records of the United States Government, Record Group 11; National Archives. View in National Archives Catalog En Español Summary: This lesson engages students in a study of the Constitution to learn the significance of "Six Big Ideas" contained in it. Students analyze the text of the Constitution in a ...
Assignment of expropriated easements ... as recognized and affirmed in section 35 of the Constitution Act, 1982, and (ii) consulting with Indigenous communities referred to in clauses (a) and (b) in respect of the assessment of the impacts of the Highway 413 Project and identification of mitigation required by section 5, the draft environmental ...
The assignment in the Constitution of lawmaking, law-enforcing, and law-interpreting functions to the legislative, executive, and judicial branches, respectively, is known as what? The Constitution as written and the Bill of Rights.
The Department of Labor's (DOL) Employment and Training Administration (ETA) is soliciting comments concerning a proposed extension for the authority to conduct the information collection request (ICR) titled, "Occupational Code Assignment (OCA)." This comment request is part of continuing...