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Bill S-201

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Second Session, Forty-third Parliament,
69 Elizabeth II, 2020
SENATE OF CANADA
BILL S-201
An Act to amend the Constitution Act, 1867 and the Parliament of Canada Act (Speaker of the Senate)
FIRST READING, September 30, 2020
THE HONOURABLE SENATOR Mercer
4320321


SUMMARY

This enactment amends the Constitution Act, 1867 to provide for the election of the Speaker and the Deputy Speaker of the Senate and their participation in votes.
It also makes related amendments to the Parliament of Canada Act.
Available on the Senate of Canada website at the following address:
www.sencanada.ca/en


2nd Session, 43rd Parliament,
69 Elizabeth II, 2020
SENATE OF CANADA
BILL S-201
An Act to amend the Constitution Act, 1867 and the Parliament of Canada Act (Speaker of the Senate)
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
30-31 Vict.‍, c. 3 (U.‍K.‍)

Constitution Act, 1867

1Section 34 of the Constitution Act, 1867 is replaced by the following:
Election of Speaker and Deputy Speaker of Senate
34.(1)The Senate, on its first assembling after a General Election, shall proceed with all practicable speed to elect, by secret ballot, one senator to be Speaker and another to be Deputy Speaker.
Vacancy in office of Speaker or Deputy Speaker
(2)If a vacancy occurs in the office of Speaker or Deputy Speaker by death, resignation or otherwise, the Senate shall proceed with all practicable speed to elect another senator to be Speaker or Deputy Speaker, as the case may be.
2Section 36 of the Act is replaced by the following:
Voting in Senate
36.Questions arising in the Senate shall be decided by a majority of voices other than that of the senator presiding, and when the voices are equal, but not otherwise, the senator presiding shall have a vote.
R.‍S.‍, c. P-1

Parliament of Canada Act

3The heading before section 17 and sections 17 to 19 of the Parliament of Canada Act are replaced by the following:
Speaker and Deputy Speaker of the Senate
Speaker leaving the chair
17If the Speaker of the Senate finds it necessary to leave the chair during any part of a sitting of the Senate on any day, the Speaker may call on the Deputy Speaker to take the chair and preside as Speaker during the remainder of that day unless the Speaker resumes the chair before the close of the sitting for that day.
Deputy Speaker leaving the chair
17.‍1If the Deputy Speaker finds it necessary to leave the chair during any part of a sitting on that day, the Deputy Speaker may call on any senator to take the chair and preside as Speaker during the remainder of that day unless the Speaker or Deputy Speaker resumes the chair before the close of the sitting for that day.
Unavoidable absence
18Whenever the Senate is informed of the unavoidable absence of both the Speaker and the Deputy Speaker by the Clerk at the table, the Senate may choose any senator to preside as Speaker during their absence and that senator has and shall execute all the powers, privileges and duties of Speaker until the Speaker or the Deputy Speaker resumes the chair.
Validity of acts
19Every act done by the Deputy Speaker or any senator acting under section 17.‍1 or 18 has the same effect and validity as if the act had been done by the Speaker.
4Paragraph 62.‍1(1)‍(b) of the Act is replaced by the following:
(b)the member of the Senate occupying the position of Deputy Speaker of the Senate, $20,600;

Coming into Force

Dissolution of 43rd Parliament
5This Act comes into force on the dissolution of the 43rd Parliament.
Published under authority of the Senate of Canada



explanatory notes

Constitution Act, 1867
Clause 1:Existing text of section 34:
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.
Clause 2:Existing text of section 36:
36.Questions 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.
Parliament of Canada Act
Clause 3:Existing text of the heading and sections 17 and 18:
Deputy Speaker
17Whenever the Speaker of the Senate, from illness or other cause, finds it necessary to leave the chair during any part of the sittings of the Senate on any day, the Speaker may call on any senator to take the chair and preside as Speaker during the remainder of that day unless the Speaker resumes the chair before the close of the sittings for that day.
18Whenever the Senate is informed of the unavoidable absence of the Speaker thereof by the Clerk at the table, the Senate may choose any senator to preside as Speaker during such absence and that senator thereupon has and shall execute all the powers, privileges and duties of Speaker until the Speaker resumes the chair or another Speaker is appointed by the Governor General.
19Every act done by any senator acting pursuant to section 17 or 18 has the same effect and validity as if the act had been done by the Speaker.
Clause 4:Existing text of relevant portions of section 62.‍1:
62.‍1(1)Despite section 60, for the fiscal year commencing on April 1, 2004 there shall be paid to the following members of the Senate and the House of Commons the following annual salaries:
. . .
(b)the member of the Senate occupying the recognized position of Speaker pro tempore of the Senate, $20,600;

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