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FederalDid not become law (session ended)40th Parliament, 2nd Session

Bill S-215 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, 2nd Session
Bill number
Bill S-215
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 consideration in committee in the Senate
Last updated
Mar 24, 2009

Official Parliament of Canada snapshot for 40th Parliament, 2nd 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 consideration in committee in the Senate
Latest Activity
Mar 24, 2009
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-215 would amend the Constitution Act, 1867 to remove the requirement that Canadian Senators own a minimum amount of real and personal property in order to be appointed to or remain in the Senate.

What It Means

Bill S-215 proposes to change Canada's Constitution to eliminate property ownership requirements for Canadian Senators. Currently, the Constitution requires that a person own land worth at least $4,000 in the province they represent and own real and personal property worth at least $4,000 combined in order to become a Senator or keep their Senate seat. The bill's preamble states these requirements are outdated and inconsistent with modern Canadian democratic values. If passed, the bill would: - Remove the requirement that a Senator own land worth at least $4,000 in their province - Remove the requirement that a Senator's real and personal property be worth at least $4,000 combined - Simplify the Declaration of Qualification that Senators must make (which currently lists detailed property requirements) - Keep the existing requirement that Senators maintain residence in the province they represent (with an exception for those working at the seat of government) The bill would come into force on the date it receives Royal Assent, or later if a separate constitutional amendment is proclaimed by the Governor General.

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 and to own real and personal property worth at least $4,000 combined
  • Replaces paragraph (5) of section 31 of the Constitution Act, 1867 to remove references to property qualifications when describing grounds for a Senate seat becoming vacant
  • Replaces the Declaration of Qualification in the Fifth Schedule of the Constitution Act, 1867 with a simplified version that no longer requires Senators to declare their property ownership
  • Makes the bill operative upon receiving Royal Assent or upon a related constitutional amendment being proclaimed, whichever is later
Who Is Affected
  • People who may be appointed as Senators
  • Sitting Senators (may be affected if their current eligibility depends on property qualifications)
  • The Governor General (who appoints Senators)
  • The Senate of Canada
Rights, Duties, Or Obligations
  • Persons appointed as Senators would no longer be required to own property of a specified value in order to qualify for Senate appointment
  • Persons appointed as Senators would no longer lose their Senate seat solely because they cease to own a specified amount of property
  • Senators would still be required to maintain residence in the province they represent (existing requirement maintained with existing exceptions)
Important Dates
  • The bill would come into force on the later of: (1) the date it receives Royal Assent, or (2) the date a related constitutional amendment is proclaimed by the Governor General repealing paragraph (6) of section 23 of the Constitution Act, 1867
  • Bill's first reading was January 27, 2009
Uncertainties Or Limits
  • The bill's commencement depends on a separate constitutional amendment being proclaimed by the Governor General (repealing paragraph 6 of section 23 of the Constitution Act, 1867). The bill text does not specify when or whether this related amendment will be made.
  • The bill text does not explain why paragraph (6) of section 23 must be separately amended by constitutional proclamation rather than through the bill itself
  • As of the information provided, the bill was at committee stage in the Senate in the 40th Parliament, 2nd Session (2009) - it is unclear what its current status is
Laws Or Regulations Affected
Constitution Act, 1867 - Section 23 (Qualifications of a Senator)
Paragraphs (3) and (4) repealed

Removes the requirement that a Senator own freehold land worth at least $4,000 in the province for which appointed and the requirement that combined real and personal property be worth at least $4,000

Source: Section 2 of Bill S-215

Constitution Act, 1867 - Section 31(5) (Grounds for Senate seat becoming vacant)
Paragraph replaced

Removes reference to property qualifications as a ground for losing Senate membership, keeping only the residential qualification (with its existing exception for government officials at the seat of government)

Source: Section 3 of Bill S-215

Constitution Act, 1867 - Fifth Schedule (Declaration of Qualification)
Schedule replaced

Replaces the lengthy property-related declaration with a simple statement that the person is duly qualified by law to be appointed to the Senate

Source: Section 4 of Bill S-215

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
Jan 27, 2009
Completed

Bill S-215, aimed at amending the property qualifications for Senators in the Constitution Act, 1867, completed its first reading in the Senate on January 27, 2009.

Introduction and first reading, Jan 27, 2009
End of stage activity, Jan 27, 2009
Chamber sittings
Introduction and first reading - Jan 27, 2009

During a Senate sitting on January 27, 2009, Bill S-215 was introduced for its first reading, and senators debated the Speech from the Throne, discussing economic challenges and government initiatives.

Step 2
Second reading
Mar 24, 2009
Completed

Bill S-215, concerning property qualifications for Senators, completed its second reading in the Senate on March 24, 2009, and was sent to committee.

Second reading, Mar 24, 2009
Referral to committee, Mar 24, 2009
End of stage activity, Mar 24, 2009
Chamber sittings
Debate at second reading - Jan 29, 2009

The Senate debated and adjourned debate on several bills, including one to amend the Constitution Act, 1867, regarding property qualifications for senators, and addressed a point of order concerning another bill.

During the Senate's second reading debate on Bill S-215, the sponsor argued for removing the outdated property ownership qualification for Senators, citing its absurdity in modern times, with discussions also involving a related motion concerning Quebec's senatorial divisions.

Debate at second reading - Mar 11, 2009

On March 11, 2009, the Senate held a sitting that included tributes to a retiring senator, routine proceedings, question period, and continued debate on several bills, including Bill S-215 regarding Senate property qualifications.

Debate at second reading - Mar 24, 2009

On March 24, 2009, the Senate observed a moment of silence for soldiers, conducted routine proceedings and question period, and debated and advanced several items, including referring Bill S-215 concerning Senator property qualifications to committee.

On March 24, 2009, the Senate observed a moment of silence for fallen soldiers, heard senators' statements and questions, and debated various items including Bill S-215, which proposes to remove property qualifications for Senators and was subsequently referred to committee.

Step 3
Consideration in committee
Date not listed
No activity

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.

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