S-215
Second Session, Fortieth Parliament,
57 Elizabeth II, 2009
SENATE OF CANADA
BILL S-215
An Act to amend the Constitution Act, 1867 (Property qualifications of Senators)
first reading, January 27, 2009
THE HONOURABLE SENATOR BANKS
3920723
SUMMARY
This enactment amends the Constitution Act, 1867 to eliminate the requirement that a Senator own real and personal property of a certain value in order to be qualified for appointment to the Senate and to maintain his or her place in the Senate.
Available on the Parliament of Canada Web Site at the following address:http://www.parl.gc.ca
2nd Session, 40th Parliament,
57 Elizabeth II, 2009
senate of canada
BILL S-215
An Act to amend the Constitution Act, 1867 (Property qualifications of Senators)
Preamble
Whereas the Constitution of Canada requires that, in order for a person to be qualified for appointment to the Senate and to maintain their place in the Senate after being appointed, the person own land with a net worth of at least four thousand dollars in the province for which he or she is appointed and own real and personal property with a combined net worth of at least four thousand dollars;
And whereas these requirements are inconsistent with the democratic values of our modern Canadian society, and are no longer appropriate or relevant measures of the fitness of a person to serve in the Senate;
30 & 31 Victoria, c. 3 (U.K.)
Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Short title
1. This Act may be cited as the Constitution Act, 2009 (Property qualifications of Senators).
2. Paragraphs (3) and (4) of section 23 of the Constitution Act, 1867 are repealed.
3. Paragraph (5) of section 31 of the Act is replaced by the following:
(5) If he ceases to be qualified in respect of Residence; provided, that a Senator shall not be deemed to have ceased to be qualified in respect of Residence by reason only of his residing at the Seat of the Government of Canada while holding an Office under that Government requiring his Presence there.
4. The Declaration of Qualification set out in The Fifth Schedule to the Act is replaced by the following:
I, A.B., do declare and testify that I am by law duly qualified to be appointed a member of the Senate of Canada.
Interpretation
5. A reference to the Constitution Acts, 1867 to 1982 is deemed to include a reference to this Act.
Coming into force
6. This Act comes into force on the later of the day on which it receives royal assent and the day on which an amendment is made to the Constitution of Canada, by proclamation issued by the Governor General under the Great Seal, repealing paragraph (6) of section 23 of the Constitution Act, 1867.
Published under authority of the Senate of CanadaAvailable from:Publishing and Depository ServicesPublic Works and Government Services Canada
Explanatory Notes
Constitution Act, 1867
Clause 2: Existing text of relevant portions of section 23:
23. The Qualifications of a Senator shall be as follows:
. . .
(3) He shall be legally or equitably seised as of Freehold for his own Use and Benefit of Lands or Tenements held in Free and Common Socage, or seised or possessed for his own Use and Benefit of Lands or Tenements held in Franc-alleu or in Roture, within the Province for which he is appointed, of the Value of Four thousand Dollars, over and above all Rents, Dues, Debts, Charges, Mortgages, and Incumbrances due or payable out of or charged on or affecting the same:
(4) His Real and Personal Property shall be together worth Four thousand Dollars over and above his Debts and Liabilities:
Clause 3: Existing text of relevant portions of section 31:
31. The Place of a Senator shall become vacant in any of the following Cases:
. . .
(5) If he ceases to be qualified in respect of Property or of Residence; provided, that a Senator shall not be deemed to have ceased to be qualified in respect of Residence by reason only of his residing at the Seat of the Government of Canada while holding an Office under that Government requiring his Presence there.
Clause 4: Existing text of Declaration of Qualification:
I A.B. do declare and testify, That I am by Law duly qualified to be appointed a Member of the Senate of Canada [or as the Case may be], and that I am legally or equitably seised as of Freehold for my own Use and Benefit of Lands or Tenements held in Free and Common Socage [or seised or possessed for my own Use and Benefit of Lands or Tenements held in Franc-alleu or in Roture (as the Case may be),] in the Province of Nova Scotia [or as the Case may be] of the Value of Four thousand Dollars over and above all Rents, Dues, Debts, Mortgages, Charges, and Incumbrances due or payable out of or charged on or affecting the same, and that I have not collusively or colourably obtained a Title to or become possessed of the said Lands and Tenements or any Part thereof for the Purpose of enabling me to become a Member of the Senate of Canada [or as the Case may be], and that my Real and Personal Property are together worth Four thousand Dollars over and above my Debts and Liabilities.