Bill C-10: An Act to amend the Constitution Act, 1867 (Senate term limits)

C-10 Third Session, Fortieth Parliament, 59 Elizabeth II, 2010 HOUSE OF COMMONS OF CANADA BILL C-10 An Act to amend the Constitution Act, 1867 (Senate term limits) first reading, March 29, 2010 MINISTER OF STATE (DEMOCRATIC REFORM) 90501 SUMMARY This enactment alters the tenure of senators who are summoned after October 14, 2008. Also available on the Parliament of Canada Web Site at the following address:http://www.parl.gc.ca 3rd Session, 40th Parliament, 59 Elizabeth II, 2010 house of commons of canada BILL C-10 An Act to amend the Constitution Act, 1867 (Senate term limits) 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 modern democratic principles; Whereas the Constitution Act, 1965, enacted by Parliament, reduced the tenure of senators from life to the attainment of seventy-five years of age; Whereas Parliament, by virtue of section 44 of the Constitution Act, 1982, 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, 2010 (Senate term limits). Tenure of certain senators 2. (1) Subject to sections 29A to 31 of the Constitution Act, 1867, a person who was summoned to the Senate after October 14, 2008 but before the coming into force of this Act remains a senator for one term, which expires eight years after the coming into force of this Act. Interruption of term (2) Subject to sections 29A to 31 of the Constitution Act, 1867, a person referred to in subsection (1) whose term is interrupted may be summoned again for a period equivalent to eight years less the portion of the term served after the coming into force of this Act. 1965, c. 4, s. 1 3. Section 29 of the Constitution Act, 1867 is replaced by the following: Tenure of Senators 29. (1) Subject to sections 29A to 31, a person who is summoned to the Senate after the coming into force of the Constitution Act, 2010 (Senate term limits) shall hold a place in that House for one term of eight years. Interruption of term (2) Subject to sections 29A to 31, a person referred to in subsection (1) whose term is interrupted may be summoned again to fill the remainder of the term. Retirement at age seventy-five 29A. A person who is a senator on attaining the age of seventy-five years ceases to be a senator at that time, regardless of when summoned to the Senate. Interpretation 4. 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 CommonsAvailable from:Publishing and Depository ServicesPublic Works and Government Services Canada Explanatory Notes Constitution Act, 1867 Clause 3: 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.