Bill C-19
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C-19
Second Session, Thirty-ninth Parliament,
56 Elizabeth II, 2007
HOUSE OF COMMONS OF CANADA
BILL C-19
An Act to amend the Constitution Act, 1867 (Senate tenure)
first reading, November 13, 2007
THE LEADER OF THE GOVERNMENT IN THE HOUSE OF COMMONS AND MINISTER FOR DEMOCRATIC REFORM
90373
SUMMARY
This enactment changes the tenure of members of the Senate.
Also available on the Parliament of Canada Web Site at the following address:
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http://www.parl.gc.ca
2nd Session, 39th Parliament,
56 Elizabeth II, 2007
house of commons of canada
BILL C-19
An Act to amend the Constitution Act, 1867 (Senate tenure)
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 the principles of modern democracy;
WHEREAS the Parliament of Canada enacted the Constitution Act, 1965, reducing the tenure of senators from life to the attainment of seventy-five years of age;
WHEREAS, by virtue of section 44 of the Constitution Act, 1982, Parliament 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, 2007 (Senate tenure).
1965, c. 4, s. 1
2. Section 29 of the Constitution Act, 1867 is replaced by the following:
Senators’ tenure
29. (1) Subject to sections 30 and 31, a person summoned to the Senate shall hold a place in that House for one term of eight years.
Interruption of term
(2) If that term is interrupted, that person may be summoned again for the remaining portion of the term.
Transitional
(3) Notwithstanding subsection (1) but subject to sections 30 and 31, a person holding a place in the Senate on the coming into force of the Constitution Act, 2007 (Senate tenure) continues to hold a place in that House until attaining the age of seventy-five years.
Interpretation
3. A reference to the Constitution Acts, 1867 to 1982 is deemed to include a reference to this Act.
Published under authority of the Speaker of the House of Commons
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Explanatory Notes
Constitution Act, 1867
Clause 2: 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.