« PreviousContinue »
this rule, as it is sufficient if non-residents have the real property qualification in the electoral division for which they are appointed'.
5. Before taking his seat a Senator must subscribe the Oath. Oath of Allegiance, and make a declaration that he is duly qualified in respect of property for sitting in the Senate2.
In 1880 a resolution was adopted by the Senate by which every member is required, within the first twenty days of the first session of each parliament, to take before the Clerk in the form prescribed by the B. N. A. Act 1867, a renewed declaration as to his property qualification.
not to be
A Senator is forbidden, under a penalty of 200 dollars Senators a day, to be directly or indirectly a party to or concerned parties to in a contract with the government, but this is not to affect governa Senator who is a shareholder in a public company that contracts. has with the government a contract not relating to the building of any public work.
All questions relating to the qualification of a Senator Questions or to a vacancy in the Senate are heard and determined by Qualificathe Senate1.
3. HOW APPOINTED.
Senators in Canada are not, as in the United States, elected by the legislative bodies in the different states. They are appointed by the Governor-General, but the GovernorGeneral in making the appointments is required to nominate a certain fixed number from the residents in each province except Quebec.
A Senator is appointed by instrument under the Great Seal. The form in use is as follows:
1 Ib. sec. 23 (6).
3 R. S. C. c. 11, s. 18.
2 B. N. A. Act, 1867, s. 128.
4 B. N. A. Act, s. 33.
Form of Appointment.
VICTORIA by the grace of God of the United Kingdom of Great Britain and Ireland Queen, Defender of the Faith &c. To our trusty and well-beloved of our Province of
in our Dominion of Canada.
Know ye that as well for our especial trust and confidence we have manifested in you as for the purpose of obtaining your advice and assistance in all weighty and arduous affairs, which may the state and defence of Our Dominion of Canada concern, We have thought fit to summon you to the Senate of our said Dominion [and we do appoint you for the electoral division of Quebec] and we do command you the said that all difficulties and excuses whatsoever laying aside, you be and appear for the purpose aforesaid in the Senate of our said Dominion at all times whenever and wheresoever Our Parliament may be in Our said Dominion convoked and holden: and this you are in no wise to omit.
In testimony whereof we have caused our letters to be made Patent and the Great Seal of Canada to be hereunto affixed. Witness &c.
Clerk of the Crown in Chancery,
The form of Introduction may be illustrated by an extract from the Senate Journals of Canada.
'The Honourable the Speaker informed the House that there was a Member without, ready to be introduced.
"When the Honourable A. B. was introduced between the Introduc
Members X and Y,
"The Honourable A. B. presented Her Majesty's writ summoning him to the Senate.
"The same was then read by the Clerk and ordered to be put upon the Journal.
Then the Honourable A. B. took and subscribed the oath prescribed by law which was administered by C. D. a Commissioner appointed for that purpose and took his seat accordingly.
"The Honourable the Speaker acquainted the House that the Clerk of the Senate had laid upon the table the certificate of one of the Commissioners setting forth that the Honourable A. B., a member of the Senate, had made and subscribed the Declaration of Qualification required by the British North America Act 1867."
4. MEETING OF THE SENATE.
Fifteen Members, including the Speaker, are necessary Quorum. to form a quorum1.
The Speaker is appointed by the Governor-General and is removable by him.
All questions are decided by a majority of votes. The Speaker in all cases has a vote as well as a casting vote3.
Senators enjoy the same privileges as members of the Privileges. House of Commons, and are entitled to payment for their services.
1 B. N. A. Act, s. 35.
4 B. N. A. Act, s. 29.
5. TENURE OF OFFICES.
A Senator holds his office for life, but he may resign by a writing under his hand addressed to the Governor-General. His place is liable to become vacant in the following
1. If for two consecutive sessions of the Parliament he fails to give his attendance.
2. If he takes an oath or makes a declaration or acknowledgment of allegiance, obedience, or adherence to a foreign power, or does an act whereby he becomes a subject or citizen, or entitled to the rights or privileges of a subject or citizen, of a foreign power.
3. If he is adjudged bankrupt or insolvent, or applies for the benefit of any law relating to insolvent debtors, or becomes a public defaulter.
4. If he is attainted of treason, or convicted of felony or of any infamous crime.
5. If he ceases to be qualified by property or residence ; but a Senator holding an office under the Government requiring his presence at the seat of Government is not to be disqualified by reason of his residence there.
THE METHOD OF LEGISLATION.
THE method of legislation is regulated by (1) statutes, How regu (2) standing orders and rules adopted by Parliament, and (3) customs.
Some provisions affecting the procedure of Parliament Statute. are to be found in the British North America Act 1867. The 54th section, for instance, enacts, that it is not lawful for the House of Commons to pass any vote, resolution, address, or bill for the appropriation of any part of the public revenue or any tax, to any purpose that has not been recommended to that House by message of the Governor-General, and the 133rd section requires all acts of the Parliament of Canada to be printed in both French and English.
With the above exceptions the procedure in either House Standing is mainly governed by rules based on the practice of the rules, and English Parliament. In the early legislative councils of resoluUpper and of Lower Canada the practice of the House of Lords was adopted'; but when legislative assemblies were summoned they resolved to follow as far as circumstances would permit the rules, orders and usages of the English House of Commons. When the Dominion Parliament met in 1867, the House of Commons appointed a Committee to frame rules for governing the procedure in that House, and
1 Burinot, p. 212.
2 Ib. p. 212. Christie's Low. Can. 130–139.