Bill S-212 explained in plain English
An Act to amend the Constitution Act, 1867 (Property qualifications of Senators)
Federal Parliament bill summary, status, timeline, sponsor, votes, and official sources.
At a glance
Official Parliament of Canada snapshot for 40th Parliament, 1st Session. MP vote breakdowns appear when the House of Commons publishes a recorded division export for that bill. Senate and House stage details include official debate/sitting links when LEGISinfo publishes them.
Our plain-language take, written for civic education.
Source: By PoliticalData.ca
Bill S-212 proposes to amend the Constitution Act, 1867 by removing property ownership requirements for Canadian Senators.
Bill S-212 seeks to change the Constitution Act, 1867 to eliminate property ownership qualifications for Canadian Senators. Currently, Canadian law requires that a person own land worth at least $4,000 in their province and hold real and personal property worth a combined $4,000 to be appointed to the Senate and to remain a Senator. The bill states these requirements are outdated and inconsistent with modern democratic values. If passed, it would remove these property ownership rules, making the only remaining qualification for Senators their residency in Canada. The bill would also simplify the Declaration of Qualification that Senators must make, removing references to property ownership. However, the bill includes a special commencement provision: it would only come into force once the Governor General proclaims a separate constitutional amendment repealing the remaining property reference in the Constitution Act, 1867. This means the bill cannot take full effect on its own—a further constitutional change must occur first.
- Repeals paragraphs (3) and (4) of section 23 of the Constitution Act, 1867, which currently require Senators to own land worth at least $4,000 in their province and hold real and personal property worth at least $4,000 combined
- Replaces paragraph (5) of section 31 of the Constitution Act, 1867 to remove 'Property' as a qualification criterion, leaving only 'Residence' as a reason a Senator's seat can become vacant
- Replaces the Declaration of Qualification that Senators must swear or affirm, removing detailed statements about property ownership and simplifying it to a general declaration of legal qualification
- Requires a separate constitutional amendment (by Governor General proclamation) repealing paragraph (6) of section 23 of the Constitution Act, 1867 before this Act can come into force
- Current and future Senators of Canada
- Persons seeking appointment to the Senate of Canada
- The Governor General of Canada (who has authority to proclaim the complementary constitutional amendment needed for this bill to come into force)
- If passed and a complementary constitutional amendment is procured, future Senator appointees would no longer be required to demonstrate property ownership of any value
- The Declaration of Qualification sworn by Senators would be simplified to confirm legal qualification rather than property details
- Bill S-212 comes into force on whichever is later: (1) the date of royal assent to Bill S-212, or (2) the date on which the Governor General proclaims a separate constitutional amendment repealing paragraph (6) of section 23 of the Constitution Act, 1867
- The bill text does not specify what paragraph (6) of section 23 of the Constitution Act, 1867 contains, though it is a required part of the constitutional amendment that must be proclaimed for this bill to come into force
- The bill does not specify when or by what process the complementary constitutional amendment repealing paragraph (6) of section 23 would be procured, only that it must occur for this bill to take effect
- The bill is currently at second reading in the Senate (as of the metadata date) and has not been passed into law
- The bill status indicates it is from the 40th Parliament, 1st Session dated 2008, but no current status update is provided on whether this bill has since died or been revived in subsequent parliamentary sessions
Removes the requirement that Senators own land worth $4,000 in their province and hold real and personal property worth $4,000 combined
Source: Clause 2 of Bill S-212
Changes the grounds for a Senator's seat to become vacant from property or residence issues to only residence issues, eliminating property ownership as a disqualification
Source: Clause 3 of Bill S-212
Simplifies the Declaration of Qualification from a lengthy statement detailing property ownership to a brief statement that a person is legally qualified to be a Senator
Source: Clause 4 of Bill S-212
Generated using AI from official bill text. Not legal advice. It is written by PoliticalData.ca for civic education, automatically checked and spot-reviewed before publishing.
Official textParliamentary Process
Bill S-212, concerning property qualifications for Senators, completed its first reading in the Senate on November 20, 2008, and subsequently had debate at second reading on November 25, 2008.
This artifact describes the procedural stage of Bill S-212, An Act to amend the Constitution Act, 1867 (Property qualifications of Senators), in the Senate of Canada. The bill completed its first reading on November 20, 2008. The artifact also notes that debate at second reading occurred on November 25, 2008, and that the bill's sponsor, Tommy Banks, gave a speech. The bill is currently at the second reading stage in the Senate.
On November 20, 2008, the Senate observed a moment of silence, heard welcoming remarks, introduced several bills including Bill S-212 concerning senatorial property qualifications, debated economic issues, and addressed other procedural matters.
This record details the proceedings of the Senate on November 20, 2008. The Senate observed a moment of silence for fallen soldiers and welcomed visitors. Following welcoming remarks from the Government and Opposition leaders, several bills were introduced and received first reading. The Senate also heard notices of motions regarding changes to sitting times, the establishment of a special committee on aging, and endorsements of various resolutions from the OSCE Parliamentary Assembly. During Question Period, discussions focused on the economic downturn, government spending, support for seniors, public service wage negotiations, the accountability of the Parliamentary Budget Officer, and Employment Insurance eligibility. Bill S-212, "An Act to amend the Constitution Act, 1867 (Property qualifications of Senators)", was introduced and received first reading. Senator Tommy Banks presented the bill and moved that it be placed on the Orders of the Day for second reading.
Bill S-212, concerning property qualifications for Senators, was undergoing debate at the second reading stage in the Senate as of November 25, 2008.
This record describes the status of Bill S-212 at the second reading stage in the Senate. The latest activity noted is a debate that occurred on November 25, 2008. The bill had its first reading on November 20, 2008. The sponsor's speech was delivered by Tommy Banks on November 25, 2008.
The Senate debated routine proceedings, questions on the economy, and adjourned debate on several bills, including Bill S-212, which proposes to amend the Constitution Act, 1867, by removing property qualifications for senators.
This Senate sitting on November 25, 2008, included various proceedings, such as tabling reports, introducing motions, and debating bills. A key item discussed was Bill S-212, an act to amend the Constitution Act, 1867, concerning the property qualifications for senators. The debate on this bill, which aimed to remove the outdated property requirement, was adjourned to allow for further consideration. Other discussions included economic concerns, the Competition Policy Review Panel report, and various other bills at different stages.
In the Senate's second reading debate of Bill S-212, Senator Tommy Banks argued that the historical property qualification for Senators is outdated and should be removed as a reform measure.
On November 25, 2008, the Senate began the second reading debate of Bill S-212, an act to amend the Constitution Act, 1867, concerning property qualifications for Senators. Senator Tommy Banks, the bill's sponsor, spoke in favour of the bill. He argued that the $4,000 property requirement, established in 1867, is outdated and no longer relevant in the 21st century. He stated that this requirement could prevent individuals, such as apartment dwellers, from being appointed or serving as Senators. Senator Banks suggested that removing this requirement would be a sensible reform and a way for the Senate to improve itself. He expressed hope that the bill would be debated, sent to a committee, and then passed to the House of Commons. Senator Hugh Segal and Senator Gerald J. Comeau asked clarifying questions about the bill's constitutionality and the process of amending the Constitution. Senator Banks affirmed that Parliament has the authority to change these qualifications without a broader constitutional negotiation. Senator Comeau also raised questions about the appropriateness of Senators introducing such bills and the process of consulting with the province of Quebec. Senator Banks responded that the Constitution requires the agreement of the Senate, House of Commons, and the Quebec legislative assembly for such an amendment to proceed, and that consultations would typically be initiated by the government.
We don't have a plain-language summary for Third reading yet. The official source linked below is the full record.
We don't have a plain-language summary for First reading yet. The official source linked below is the full record.
We don't have a plain-language summary for Second reading yet. The official source linked below is the full record.
We don't have a plain-language summary for Consideration in committee yet. The official source linked below is the full record.
We don't have a plain-language summary for Report stage yet. The official source linked below is the full record.
We don't have a plain-language summary for Third reading yet. The official source linked below is the full record.
Debate and sitting links point to official parliamentary sources when LEGISinfo publishes them. Any plain-language discussion summaries should be generated from those official texts and reviewed before public display.
Vote Summary
This bill is still active. We only show vote counts after the legislature publishes a recorded division.
No published representative vote breakdown
This bill is still moving through the process. When a recorded division is published, representative positions can be listed here.
Official sources
Status, sponsor, votes, and timeline on this page are drawn from these official legislative sources and public records. Each summary above is attributed to its own source.
How this data is sourced