The Senate

The Senate

The Senate

The Senate

- Constitution of Canada
The Senate
- Constitution Acts of Canada 1867 to 1982. Canadian Laws.

The Senate

THE SENATE

NUMBER OF SENATORS

21.- The Senate shall, subject to the Provisions of this Act, consist of One Hundred and four Members, who shall be styled Senators.

REPRESENTATION OF PROVINCES IN SENATE

22.- In relation to the Constitution of the Senate Canada shall be deemed to consist of Four Divisions:-

1. Ontario;

2. Quebec;

3. The Maritime Provinces, Nova Scotia and New Brunswick, and Prince Edward Island;

4. The Western Provinces of Manitoba, British Columbia, Saskatchewan, and Alberta;

which Four Divisions shall (subject to the Provisions of this Act) be equally represented in the Senate as follows: Ontario by twenty-four senators; Quebec by twenty-four senators; the Maritime Provinces and Prince Edward Island by twenty-four senators, ten thereof representing Nova Scotia, ten thereof representing New Brunswick, and four thereof representing Prince Edward island; the Western Provinces by twenty-four senators, six thereof representing Manitoba, six thereof representing British Columbia, six thereof representing Saskatchewan, and six thereof representing Alberta; Newfoundland shall be entitled to be represented in the Senate by six members; the Yukon Territory and the Northwest Territories shall be entitled to be represented in the Senate by one member each.

In the Case of Quebec each of the Twenty-four Senators representing that Province shall be appointed for One of the Twenty-four Electoral Divisions of Lower Canada specified in Schedule A. to Chapter One of the Consolidated Statutes of Canada

QUALIFICATIONS OF SENATOR

23.- The Qualifications of a Senator shall be as follows:

1. He shall be of that full age of Thirty Years:

2. He shall be either a natural-born Subject of the Queen, or a Subject of the Queen naturalized by an Act of the Parliament of Grant Britain, or of the Parliament of the United kingdom of Great Britain and Ireland, or of the Legislature of One of the Provinces of Upper Canada, Lower Canada, Canada, Nova Scotia, or New Brunswick, before the Union, or of the Parliament of Canada after the Union:

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:

5. He shall be resident in the Province for which he is appointed:

6. In the Case of Quebec he shall have his Real Property Qualification in the Electoral Division for which he is appointed, or shall be resident in that Division.

SUMMONS OF SENATOR

24.- The Governor General shall from Time to Time, in the Queen's Name, by Instrument under the Great Seal of Canada, summon qualified Persons to the Senate; and, subject to the Provisions of this Act, every Person so summoned shall become and be a Member of the Senate and a Senator.

25.- Repealed.

ADDITION OF SENATORS IN CERTAIN CASES

26.- If at any Time on the Recommendation of the Governor General the Queen thinks fit to direct that Four or Eight Members be added to the Senate, the Governor General may by Summons to Four or Eight qualified Persons (as the Case may be), representing equally the Four Divisions of Canada, add to the Senate accordingly.

REDUCTION OF SENATE TO NORMAL NUMBER

27.- In case of such Addition being at any Time made, the Governor General shall not summon any Person to the Senate, except on a further like Direction by the Queen on the like Recommendation, to represent one of the Four divisions until such Division is represented by Twenty-four Senators and no more.

MAXIMUM NUMBER OF SENATORS

28.- The Number of Senators shall not at any Time exceed One Hundred and twelve.

TENURE OF PLACE IN SENATE

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.

RESIGNATION OF PLACE IN SENATE

30.- A Senator may by Writing under his Hand addressed to the Governor General resign his Place in the Senate, and thereupon the same shall be vacant.

DISQUALIFICATION OF SENATORS

31.- The Place of a Senator shall become vacant in any of the following Cases:

1. If for Two consecutive Sessions of the Parliament he fails to give his Attendance in the Senate:

2. If he takes an Oath or makes a Declaration or Acknowledgment of Allegiance, Obedience, or Adherence to a Foreign Power, or does an Act whereby he becomes a Subject or Citizen, or entitled to the Rights or Privileges of a Subject or Citizen, of a Foreign Power:

3. If he is adjudged Bankrupt or Insolvent, or applies for the Benefit of any Law relating to Insolvent Debtors, or becomes a public Defaulter:

4. If he is attainted of Treason or convicted of Felony or of any infamous Crime:

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.

SUMMONS ON VACANCY IN SENATE

32.- When a Vacancy happens in the Senate by Resignation, Death, or otherwise, the Governor General shall by Summons to a fit and qualified Person fill the Vacancy.

QUESTIONS AS TO QUALIFICATIONS AND VACANCIES IN SENATE

33.- If any Question arises respecting the Qualification of a Senator or a Vacancy in the Senate the same shall be heard and determined by the Senate.

APPOINTMENT OF SPEAKER OF SENATE

34.- The Governor General may from Time to Time, by Instrument under the Great Seal of Canada, appoint a Senator to be Speaker of the Senate, and may remove him and appoint another in his Stead.

QUORUM OF SENATE

35.- Until the Parliament of Canada otherwise provides, the Presence of at least Fifteen Senators, including the Speaker, shall be necessary to constitute a Meeting of the Senate for the Exercise of its Powers.

VOTING IN SENATE

36.- Question arising in the Senate shall be decided by a Majority of Voices, and the Speaker shall in all Cases have a Vote, and when the Voices are equal the Decision shall be deemed to be in the Negative.


Preamble
Short title
Union
Declaration of Union
Construction of subsequent Provisions of Act
Four Provinces
Provinces of Ontario and Quebec
Provinces of Nova Scotia and New Brunswick
Decennial Census
Executive Power
Declaration of Executive Power in-the-Queen
Application of Provisions referring to Governor General
Constitution of Privy Council for Canada
All Powers under Acts to be exercised by Governor General
Application of Provisions referring to Governor General in Council
Power to Her Majesty to authorize Governor General to appoint Deputies
Command of Armed Forces to continue to be vestedin-the-Queen
Seat of Government of Canada
Legislative Power
Constitution of Parliament of Canada
Privileges of Houses
First Session of the Parliament of Canada
The Senate
Number of Senators
Representationof Provinces in Senate
Qualifications of Senator
Summons of Senator
Addition of Senators in certain cases
Reduction of Senate to normal Number
Maximum Number of Senators
Tenure of Place in Senate
Resignation of Place in-Senate
Disqualification of Senators
Summons on Vacancy in Senate
Questions as to Qualifications and Vacancies in Senate
Appointment of Speaker of Senate
Quorum of Senate
Voting in Senate
The House of Commons
Constitution of House of Commons in Canada
Summoning of House of Commons
Senators not to sit in House of Commons
Electoral districts of the four Provinces
Continuance of existing Election Laws until Parliament
Election of Speaker of House of Commons
Filling up Vacancy in Office of Speaker
Speaker to preside
Provision in case of Absence of Speaker
Quorum of House of Commons
Voting in House of Commons
Duration of House of Commons
Readjustment of representation in Commons
Constitution of House of Commons
Increase of Number of House of Commons
Money Votes Royal Assent
Appropriation and Tax Bills
Recommendation of Money Votes
Royal sAssent to Bills
Disallowance by Order in Council
Signification of Queens Pleasure on Bill reserved
Provincial Constitutions
Executive Power
Appointment of Lieutenant Governors of Provinces
Tenure of Office of Lieutenant Governor
Salaries of Lieutenant Governors
Oaths of Lieutenant Governor
Application of Provisions referring to Lieutenant Governor
Appointment of Executive Officers for Ontario and Quebec
Executive Government of Nova Scotia and New Brunswick
Powers to be exercised by Lieutenant Governor
Application of Provisions referring to Lieutenant Governor in Council
Administration in Absence of Lieutenant Governor
Seats of Provincial Governments
Legislative Power
Ontario
Legislature for Ontario
Electoral districts
Quebec
Legislature for Quebec
Constitution of Legislative Council
Qualification of Legislative Councillors
Resignation Disqualification
Vacancies
Questions as to Vacancies
Speaker of Legislative Council
Quorum of Legislative Council
Voting in Legislative Council
Constitution of Legislative Assembly of Quebec
Ontario and Quebec
Summoning of Legislative Assemblies
Restriction on election of Holders of offices
Continuance of existing Election Laws
Duration of Legislative Assemblies
Yearly Session of Legislature
Speaker Quorum
Nova Scotia and New Brunswick
Constitutions of Legislatures of Nova Scotia and New Brunswick
The Four Provinces
Application to Legislatures of Provisions respecting Money Votes
Distribution Of Legislative Powers
Legislative Authority of Parliament of Canada
Subjects of exclusive Provincial Legislation
Laws respecting non renewable natural resources
Legislation respecting Education
Legislation for Uniformity of Laws in Three Provinces
Concurrent Powers of Legislation respecting Agriculture
Judicature
Appointment of Judges
Selection of Judges in Ontario
Selection of Judges in Quebec
Tenure of office of Judges
Salaries of Judges
General Court of Appeal
Revenues Debts Assets Taxation
Creation of Consolidated Revenue Fund
Expenses of Collection
Interest of Provincial Public Debts
Salary of Governor General
Appropriation from Time to Time
Transfer of Stocks
Transfer of Property in Schedule
Property in Lands Mines
Assets connected with Provincial Debts
Canada to be liable for Provincial Debts
Debts of Ontario and Quebec
Assets of Ontario and Quebec
Debt of Nova Scotia
Debt of New Brunswick
Payment of interest to Nova Scotia and New Brunswick
Provincial Public Property
Further Grant to New Brunswick
Form of Payments
Canadian Manufactures
Continuance of Customs and Excise Laws
Exportation and Importation as between Two Provinces
Lumber Dues in New Brunswick
Exemption of Public Lands
Provincial Consolidated Revenue Fund
Miscellaneous Provisions
General
Oath of Allegiance
Continuance of existing Laws Courts Officers
Transfer of Officers to Canada
Appointment of new Officers
Treaty Obligations
Use of English and French Languages
Ontario and Quebec
Powers Duties of Executive Officers
Great Seals
Construction of temporary Acts
Errors in Names
Ussue of Proclamations before Union to commence after Union
Issue of Proclamations after Union
Penitentiary
Arbitration respecting Debts
Division of Records
Constitution of Townships in Quebec
Intercolonial Railway
Admission Of Other Colonies
Power to admit New foundland into the Union
Representation of Newfoundland and Prince Edward Island in Senate
First Schedule
Second Schedule
Third Schedule
Fourth Schedule
Fifth Schedule
Sixth Schedule
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