S-7
Second Session, Fortieth Parliament,
57-58 Elizabeth II, 2009
SENATE OF CANADA
BILL S-7
An Act to amend the Constitution Act, 1867 (Senate term limits)
first reading, May 28, 2009
LEADER OF THE GOVERNMENT IN THE SENATE
90501
SUMMARY
This enactment alters the tenure of senators who are summoned after October 14, 2008.
Also available on the Parliament of Canada Web Site at the following address:http://www.parl.gc.ca
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2nd Session, 40th Parliament,
57-58 Elizabeth II, 2009
senate of canada
BILL S-7
An Act to amend the Constitution Act, 1867 (Senate term limits)
Preamble
Whereas it is important that Canada’s representative institutions, including the Senate, continue to evolve in accordance with the principles of modern democracy and the expectations of Canadians;
Whereas the Government of Canada has undertaken to explore means to enable the Senate better to reflect the democratic values of Canadians and respond to the needs of Canada’s regions;
Whereas the tenure of senators should be consistent with modern democratic principles;
Whereas the Constitution Act, 1965, enacted by Parliament, reduced the tenure of senators from life to the attainment of seventy-five years of age;
Whereas Parliament, by virtue of section 44 of the Constitution Act, 1982, may make laws to amend the Constitution of Canada in relation to the Senate;
And whereas Parliament wishes to maintain the essential characteristics of the Senate within Canada’s parliamentary democracy as a chamber of independent, sober second thought;
30-31 Vict., c. 3 (U.K.); 1982, c. 11 (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 (Senate term limits).
Tenure of certain senators
2. (1) Subject to sections 29A to 31 of the Constitution Act, 1867, a person who was summoned to the Senate after October 14, 2008 but before the coming into force of this Act remains a senator for one term, which expires eight years after the coming into force of this Act.
Interruption of term
(2) Subject to sections 29A to 31 of the Constitution Act, 1867, a person referred to in subsection (1) whose term is interrupted may be summoned again for a period equivalent to eight years less the portion of the term served after the coming into force of this Act.
1965, c. 4, s. 1
3. Section 29 of the Constitution Act, 1867 is replaced by the following:
Explanatory NotesConstitution Act, 1867
Clause 3: Existing text of section 29:
29. (1) Subject to subsection (2), a Senator shall, subject to the provisions of this Act, hold his place in the Senate for life.
(2) A Senator who is summoned to the Senate after the coming into force of this subsection shall, subject to this Act, hold his place in the Senate until he attains the age of seventy-five years.
Notes explicativesLoi constitutionnelle de 1867
Article 3 : Texte de l’article 29 :
29. (1) Sous réserve du paragraphe (2), un sénateur occupe sa place au Sénat sa vie durant, sauf les dispositions de la présente loi.
(2) Un sénateur qui est nommé au Sénat après l’entrée en vigueur du présent paragraphe occupe sa place au Sénat, sous réserve de la présente loi, jusqu’à ce qu’il atteigne l’âge de soixante-quinze ans.
Tenure of Senators
29. (1) Subject to sections 29A to 31, a person who is summoned to the Senate after the coming into force of the Constitution Act, 2009 (Senate term limits) shall hold a place in that House for one term of eight years.
Interruption of term
(2) Subject to sections 29A to 31, a person referred to in subsection (1) whose term is interrupted may be summoned again to fill the remainder of the term.
Retirement at age seventy-five
29A. A person, regardless of when summoned to the Senate, who is a senator on attaining the age of seventy-five years ceases to be a senator at that time.
Interpretation
4. A reference to the Constitution Acts, 1867 to 1982 is deemed to include a reference to this Act.
Published under authority of the Senate of CanadaAvailable from:Publishing and Depository ServicesPublic Works and Government Services Canada