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FederalDid not become law (session ended)42nd Parliament, 1st Session

Bill S-213 explained in plain English

An Act to amend the Constitution Act, 1867 and the Parliament of Canada Act (Speakership of the Senate)

Federal Parliament bill summary, status, timeline, sponsor, votes, and official sources.

At a glance

Jurisdiction
Federal Parliament
Legislature / Parliament
Parliament of Canada
Session
42nd Parliament, 1st Session
Bill number
Bill S-213
Full title
An Act to amend the Constitution Act, 1867 and the Parliament of Canada Act (Speakership of the Senate)
Current status
Did not become law (session ended)
Latest event
At third reading in the Senate
Last updated
Mar 28, 2017

Official Parliament of Canada snapshot for 42nd 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.

Chamber
Parliament of Canada
Current Stage
At third reading in the Senate
Latest Activity
Mar 28, 2017
Plain-language explanation
In plain English (our explanation)

Our plain-language take, written for civic education.

Source: By PoliticalData.ca

AI-assisted, reviewed before publishing
Short Version

Bill S-213 would change how the Senate Speaker and Deputy Speaker are selected and how voting works in the Senate by replacing the Governor General's appointment power with election by senators and limiting the Speaker's voting rights.

What It Means

Bill S-213 proposes three main changes to how Canada's Senate operates: 1. **Speaker and Deputy Speaker Selection**: Currently, the Governor General appoints the Senate Speaker. This bill would instead require senators to elect their own Speaker and Deputy Speaker by secret ballot at the start of each new Parliament. If either position becomes vacant due to death, resignation, or other reason, the Senate would hold another election to fill it. 2. **Voting Rights of the Speaker**: Currently, the Senate Speaker always has the right to vote on all matters. Under this bill, the Speaker would only be allowed to vote when there is a tie—that is, when the votes are equally divided. This is similar to how the House of Commons Speaker operates. The Senate would also require a majority vote to decide questions. 3. **Temporary Leadership**: The bill clarifies that when the Speaker or Deputy Speaker is temporarily absent due to illness or other reasons, they can ask another senator to take the chair for the rest of that day. If both the Speaker and Deputy Speaker are unavoidably absent, the Senate can select any senator to preside temporarily with all the Speaker's powers and duties. 4. **Salary Adjustments**: The bill updates references in the Parliament of Canada Act from "Speaker pro tempore" to "Deputy Speaker" to reflect the new permanent position, maintaining the same salary levels (7.3% of the base remuneration amount and $20,600 annually as of April 1, 2004). The bill essentially democratizes the selection of Senate leadership while aligning the Speaker's voting power with that of the House Commons Speaker.

What This Bill Does
  • Replaces the Governor General's appointment power for Senate Speaker with election by secret ballot by Senate members
  • Requires senators to elect both a Speaker and a Deputy Speaker at the start of each Parliament
  • Provides for election of a new Speaker or Deputy Speaker when a vacancy occurs due to death, resignation, or other cause
  • Limits the Senate Speaker's voting power to only when votes are equally divided, instead of allowing the Speaker to vote on all matters
  • Clarifies procedures for temporary leadership when the Speaker or Deputy Speaker is absent due to illness or other reasons
  • Establishes a process for the Senate to select a senator to preside temporarily when both Speaker and Deputy Speaker are unavoidably absent
  • Updates the Parliament of Canada Act to recognize the Deputy Speaker as a permanent position rather than a temporary one
  • Maintains salary levels for the Deputy Speaker position at 7.3% of base remuneration and $20,600 annually (as of April 1, 2004)
Who Is Affected
  • Senators in the Canadian Senate
  • The Speaker of the Senate (changed from appointed to elected)
  • The Deputy Speaker of the Senate (elevated from temporary position to permanent elected position)
  • The Governor General (loses the power to appoint the Senate Speaker)
  • Senate operations and procedures
  • Canadian Parliament
Rights, Duties, Or Obligations
  • Senators must proceed with 'all practicable speed' to elect a Speaker and Deputy Speaker by secret ballot at the start of each Parliament (Section 34(1))
  • Senators must proceed with 'all practicable speed' to elect a replacement Speaker or Deputy Speaker when a vacancy occurs (Section 34(2))
  • The Senate Speaker may only vote when there is a tie in voting; otherwise the Speaker has no voting right (Section 36)
  • The Senate Speaker (or Deputy Speaker if Speaker is unavailable) can temporarily delegate the chair to another senator during absences due to illness or other causes, for the remainder of that day (Sections 17(1) and 17(2))
  • The Senate can select any senator to preside as Speaker when both the Speaker and Deputy Speaker are unavoidably absent, with that senator having all the powers, privileges and duties of the Speaker (Section 18)
Important Dates
  • The bill does not specify a commencement date; it would come into force on the date of Royal Assent
  • First election of Speaker and Deputy Speaker would occur at the first assembling of the Senate at the opening of the first session of a Parliament after the bill receives Royal Assent
Financial Or Tax Impacts
  • No new financial costs are created; the bill maintains existing salary levels for the Deputy Speaker position at 7.3% of base remuneration and $20,600 annually (as of April 1, 2004)
Uncertainties Or Limits
  • The bill does not specify what voting procedure senators must use to elect the Speaker and Deputy Speaker beyond requiring a 'secret ballot'—for example, it does not specify whether a simple majority or supermajority is required
  • The bill does not define what constitutes 'illness or other cause' that allows the Speaker or Deputy Speaker to temporarily leave the chair
  • The bill does not define what constitutes 'unavoidable absence' for purposes of Section 18
  • The bill does not specify how the Senate decides which senator should preside when both the Speaker and Deputy Speaker are unavoidably absent
  • The bill does not address potential disputes or challenges to the election process for Speaker and Deputy Speaker
  • The commencement date is not specified in the bill text provided
Laws Or Regulations Affected
Constitution Act, 1867 - Section 34 (Speaker Appointment)
replaced

Changed from Governor General appointment of the Senate Speaker to election by secret ballot by Senate members at the start of each Parliament

Source: Section 1 of Bill S-213

Constitution Act, 1867 - Section 36 (Senate Voting)
replaced

Changed the Senate Speaker's voting rights from always being able to vote to only voting when there is a tie, matching House of Commons Speaker rules

Source: Section 2 of Bill S-213

Parliament of Canada Act - Section 17 (Speaker Leaving Chair)
replaced

Updated to allow the Speaker to call on the Deputy Speaker (or any senator in the Deputy Speaker's absence) to take the chair during temporary absences

Source: Section 3 of Bill S-213

Parliament of Canada Act - Section 18 (Unavoidable Absence)
replaced

Updated procedures for the Senate to select a senator to preside when both Speaker and Deputy Speaker are unavoidably absent

Source: Section 3 of Bill S-213

Parliament of Canada Act - Section 60(b) (Deputy Speaker Salary Reference)
replaced

Changed reference from 'Speaker pro tempore' to 'Deputy Speaker of the Senate' maintaining 7.3% salary level

Source: Section 4 of Bill S-213

Parliament of Canada Act - Section 62.1(b) (Deputy Speaker Salary Amount)
replaced

Changed reference from 'Speaker pro tempore' to 'Deputy Speaker of the Senate' maintaining $20,600 annual salary (as of April 1, 2004)

Source: Section 5 of Bill S-213

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 text

Parliamentary Process

Step 1
First reading
Dec 9, 2015
Completed

Bill S-213, concerning the Speakership of the Senate, completed its First Reading in the Senate on December 9, 2015, and is currently at the third reading stage.

Introduction and first reading, Dec 9, 2015
End of stage activity, Dec 9, 2015
Chamber sittings
Introduction and first reading - Dec 9, 2015

On December 9, 2015, Bill S-213 received its first reading in the Senate as part of routine proceedings, with the sitting also including statements, tabling of reports, notices of motion, and ongoing debates on other matters.

Step 2
Second reading
Oct 6, 2016
Completed

The Senate completed its second reading stage for Bill S-213, which concerns the Speakership of the Senate, following speeches by Senators in February 2016.

Second reading, Oct 6, 2016
Referral to committee, Oct 6, 2016
End of stage activity, Oct 6, 2016
Chamber sittings
Debate at second reading - Feb 4, 2016

During the Senate's second reading debate on Bill S-213, concerning the speakership of the Senate, the debate was adjourned, and other procedural matters were addressed.

During the second reading debate on Bill S-213, Senator Mercer argued for electing the Senate Speaker, proposing amendments to constitutional and parliamentary acts to allow senators to choose their presiding officer, a process he stated is more democratic and common in other legislative bodies.

Debate at second reading - Feb 16, 2016

The Senate continued its second reading debate on Bill S-213 concerning the Speakership of the Senate, with one senator proposing alternative methods and raising procedural concerns, and also debated the National Seal Products Day Bill.

During the Senate's second reading debate of Bill S-213, Senator Stephen Greene supported the idea of an elected Speaker but raised concerns about the bill's constitutional amendment approach and the need for Royal Consent, suggesting alternative methods.

Debate at second reading - Apr 21, 2016

The Senate sitting on April 21, 2016, included continued debate on Bill S-213 regarding the Speakership of the Senate, alongside various other proceedings and adopted motions.

Debate at second reading - May 11, 2016

During a Senate sitting on May 11, 2016, senators made statements on various topics, debated committee reports and inquiries, and continued the second reading debate on Bill S-213, which proposes to amend the Constitution Act, 1867 and the Parliament of Canada Act regarding the Speakership of the Senate.

Debate at second reading - Oct 4, 2016

During the Senate sitting on October 4, 2016, the second reading debate for Bill S-213 was continued, alongside discussions and votes on procedural matters including photographic coverage during Question Period and various committee reports.

Second reading - Oct 6, 2016

On October 6, 2016, the Senate held its second reading debate for Bill S-213, alongside other legislative and procedural business, including tributes, committee reports, and question period discussions.

Step 3
Consideration in committee
Mar 28, 2017
Completed

Bill S-213, concerning the Speakership of the Senate, completed its 'Consideration in committee' stage in the Senate on March 28, 2017, and is now at third reading.

Committee report presented without amendment, Mar 28, 2017
End of stage activity, Mar 28, 2017
Chamber sittings
Committee report presented without amendment - Mar 28, 2017

The Senate's Special Committee on Senate Modernization presented its report on Bill S-213, indicating the bill was ready for third reading without amendment.

Step 4
Third reading
Date not listed
No activity

Bill S-213, concerning the Speakership of the Senate, is currently at the third reading stage in the Senate, with its last procedural action being the presentation of a committee report.

Step 1
First reading
Not reached yet
Not reached

Bill S-213, regarding the Speakership of the Senate, has not yet undergone its First Reading in the House of Commons, though it has progressed to Third Reading in the Senate and undergone committee review.

Step 2
Second reading
Not reached yet
Not reached

The House of Commons second reading stage for Bill S-213 has not yet occurred, with the bill currently at third reading in the Senate.

Step 3
Consideration in committee
Not reached yet
Not reached

The House of Commons stage of 'Consideration in committee' for Bill S-213 has not yet occurred, while the bill has advanced through several stages in the Senate.

Step 4
Report stage
Not reached yet
Not reached

Bill S-213, concerning the Speakership of the Senate, has not yet reached the Report stage in the House of Commons and is currently at third reading in the Senate.

Step 5
Third reading
Not reached yet
Not reached

This record shows that Bill S-213 has reached the stage of Third Reading in the House of Commons, though this stage has not yet occurred, and details its prior progression and related historical bills in the Senate.

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

No published recorded division

This bill is still active. We only show vote counts after the legislature publishes a recorded division.

Sponsor
Terry M. Mercer
Senator | Details not listed in current Senate roster
Jurisdiction
Federal Parliament

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