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FederalDid not become law (session ended)40th Parliament, 1st Session

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

Jurisdiction
Federal Parliament
Legislature / Parliament
Parliament of Canada
Session
40th Parliament, 1st Session
Bill number
Bill S-212
Full title
An Act to amend the Constitution Act, 1867 (Property qualifications of Senators)
Current status
Did not become law (session ended)
Latest event
At second reading in the Senate
Last updated
Nov 25, 2008

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.

Chamber
Parliament of Canada
Current Stage
At second reading in the Senate
Latest Activity
Nov 25, 2008
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-212 proposes to amend the Constitution Act, 1867 by removing property ownership requirements for Canadian Senators.

What It Means

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 The bill states these requirements are outdated and inconsistent with modern democratic values.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.

What This Bill Does
  • 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
Who Is Affected
  • 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)
Rights, Duties, Or Obligations
  • 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
Important Dates
  • 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
Uncertainties Or Limits
  • 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
Laws Or Regulations Affected
Constitution Act, 1867, Section 23 (paragraphs 3 and 4)
repeals

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

Constitution Act, 1867, Section 31 (paragraph 5)
amends

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

Constitution Act, 1867, The Fifth Schedule (Declaration of Qualification)
amends

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 text

Parliamentary Process

Step 1
First reading
Nov 20, 2008
Completed

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.

Introduction and first reading, Nov 20, 2008
End of stage activity, Nov 20, 2008
Chamber sittings
Introduction and first reading - Nov 20, 2008

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.

Step 2
Second reading
Nov 25, 2008
Not completed

Bill S-212, concerning property qualifications for Senators, was undergoing debate at the second reading stage in the Senate as of November 25, 2008.

Chamber sittings
Debate at second reading - Nov 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.

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.

Step 3
Third reading
Not reached yet
Not reached

We don't have a plain-language summary for Third reading yet. The official source linked below is the full record.

Step 1
First reading
Not reached yet
Not reached

We don't have a plain-language summary for First reading yet. The official source linked below is the full record.

Step 2
Second reading
Not reached yet
Not reached

We don't have a plain-language summary for Second reading yet. The official source linked below is the full record.

Step 3
Consideration in committee
Not reached yet
Not reached

We don't have a plain-language summary for Consideration in committee yet. The official source linked below is the full record.

Step 4
Report stage
Not reached yet
Not reached

We don't have a plain-language summary for Report stage yet. The official source linked below is the full record.

Step 5
Third reading
Not reached yet
Not reached

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

No published recorded division

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

Sponsor
Tommy Banks
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