Bill S-226
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- ENGLISH
- SUMMARY SUMMARY
- Constitution Act, 1867 Constitution Act, 1867
- Parliament of Canada Act Parliament of Canada Act
- Coming into Force Coming into Force
- EXPLANATORY NOTES EXPLANATORY NOTES
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First Session, Forty-fourth Parliament, 70 Elizabeth II, 2021 |
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SENATE OF CANADA |
An Act to amend the Constitution Act, 1867 and the Parliament of Canada Act (Speaker of the Senate)
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FIRST READING, November 24, 2021
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THE HONOURABLE SENATOR Mercer |
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.
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Available on the Senate of Canada website at the following address:
www.sencanada.ca/en |
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1st Session, 44th Parliament, 70 Elizabeth II, 2021 |
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SENATE OF CANADA |
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BILL S-226 |
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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
1 Section 34 of the Constitution Act, 1867 is replaced by the following:
Election of Speaker and Deputy Speaker of Senate
Start of inserted block34. (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.
End of inserted blockVacancy in office of Speaker or Deputy Speaker
Start of inserted block(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.
End of inserted block2 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 Insertion start other than that of the senator presiding Insertion end , and when the voices are equal Insertion start , but not otherwise, the senator presiding shall have a vote Insertion end .
R.S., c. P-1
Parliament of Canada Act
3 The 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
End of inserted blockSpeaker leaving the chair
17 Insertion start If Insertion end the Speaker of the Senate finds it necessary to leave the chair during any part of Insertion start a sitting Insertion end of the Senate on any day, the Speaker may call on Insertion start the Deputy Speaker Insertion end 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 Insertion start sitting Insertion end for that day.
Deputy Speaker leaving the chair
Start of inserted block17.1 If 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.
End of inserted blockUnavoidable absence
18 Whenever the Senate is informed of the unavoidable absence of Insertion start both Insertion end the Speaker Insertion start and the Deputy Speaker Insertion end by the Clerk at the table, the Senate may choose any senator to preside as Speaker during Insertion start their Insertion end absence Insertion start , Insertion end and that senator has and shall execute all the powers, privileges and duties of Speaker until the Speaker Insertion start or the Deputy Speaker Insertion end resumes the chair.
Validity of acts
19 Every act done by Insertion start the Deputy Speaker or Insertion end any senator acting under section Insertion start 17.1 Insertion end or 18 has the same effect and validity as if the act had been done by the Speaker.
4 Paragraph 62.1(1)(b) of the Act is replaced by the following:
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(b) the member of the Senate occupying the position of Insertion start Deputy Insertion end Speaker of the Senate, $20,600;
Coming into Force
Dissolution of 44th Parliament
5 This Act comes into force on the dissolution of the 44th Parliament.
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Published under authority of the Senate of Canada
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EXPLANATORY NOTES
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.
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.
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.
19 Every 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.
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:
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(b) the member of the Senate occupying the recognized position of Speaker pro tempore of the Senate, $20,600;