Bill S-3
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S-3
Third Session, Thirty-seventh Parliament,
52 Elizabeth II, 2004
SENATE OF CANADA
BILL S-3
An Act to amend the Constitution Act, 1867 and the Parliament of Canada Act (Speakership of the Senate)
first reading, February 3, 2004
THE HONOURABLE SENATOR OLIVER
0321
SUMMARY
This enactment amends the Constitution Act, 1867 to provide for the election of the Speaker and the Deputy Speaker of the Senate. It further amends the Constitution Act, 1867 to provide for a voting procedure in the Senate similar to the one used in the House of Commons, where the elected Speaker of that House may not vote except when the votes on a question are equally divided.
The enactment also makes consequential amendments to the Parliament of Canada Act.
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http://www.parl.gc.ca
http://www.parl.gc.ca
3rd Session, 37th Parliament,
52 Elizabeth II, 2004
senate of canada
BILL S-3
An Act to amend the Constitution Act, 1867 and the Parliament of Canada Act (Speakership 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 and 31 Vict., c. 3
CONSTITUTION ACT, 1867
1. Section 34 of the Constitution Act, 1867 is replaced by the following:
Election of Speaker of Senate and Deputy Speaker
34. (1) The Senate, on its first assembling at the opening of the first session of a Parliament, shall proceed with all practicable speed to elect, by secret ballot, one of its members to be Speaker and another to be Deputy Speaker.
Vacancy in office of Speaker or Deputy Speaker
(2) Where 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 of its members to be Speaker or Deputy Speaker, as the case may be.
2. Section 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., P-1
PARLIAMENT OF CANADA ACT
3. The heading before section 17 and sections 17 and 18 of the Parliament of Canada Act are replaced by the following:
SPEAKERSHIP OF THE SENATE
Deputy Speaker to preside in Speaker’s absence
17. (1) Whenever 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 the Deputy Speaker or, in the absence of the Deputy Speaker, 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.
Speaker pro tempore
(2) Whenever the Deputy Speaker, 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 Deputy Speaker may call on any senator to take the chair and preside as Speaker during the remainder of that day unless the Deputy Speaker resumes the chair before the close of the sittings for that day.
Unavoidable absence
18. Whenever the Senate is informed of the unavoidable absence of both the Speaker and the Deputy 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 or the Deputy Speaker, as the case may be, resumes the chair.
4. Paragraph 60(b) of the Act is replaced by the following:
(b) the Deputy Speaker of the Senate, 7.3 per cent;
Published under authority of the Senate of Canada
Explanatory Notes
Constitution Act, 1867
Clause 1: Section 34 reads as follows:
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: Section 36 reads as follows:
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: Sections 17 and 18 read as follows:
17. Whenever 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.
18. Whenever 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.
Clause 4: Paragraph 60(b) reads as follows:
(b) any member of the Senate occupying the recognized position of Speaker pro tempore of the Senate, 7.3 per cent;