Seat of Government. Constitu 16. Until the Queen otherwise directs the Seat of Government of Canada shall be Ottawa.1 IV. LEGISLATIVE POWER. 17. There shall be one Parliament for Canada, consisting tion of Parliament of Canada. Privi- 18. The privileges, immunities, and powers to be held, leges, &c. of Houses, enjoyed, and exercised by the Senate and by the House of Commons, and by the Members thereof respectively, shall be such as are from time to time defined by Act of the Parliament of Canada, but so that the same shall never exceed those at the passing of this Act held, enjoyed, and exercised ✓ by the Commons House of Parliament of the United Kingdom of Great Britain and Ireland and by the Members thereof.3 of the Queen, an Upper House, styled the Senate, and the House of Commons. First session of the Parliament. 19. The Parliament of Canada shall be called together not later than six months after the Union. 1 There had been considerable controversy in the Canadian Assembly over the choice in 1858 of Ottawa as the capital; the question having been left to the arbitration of Queen Victoria. It should be noted that the Dominion, unlike the United States and the Commonwealth of Australia, did not establish the seat of government in a district made federal property. Although Ottawa is the seat of the Dominion Government it remains a portion of Ontario and as such inferior to the provincial capital, Toronto. 2 In the Quebec Resolutions and the first draft of the Bill as given in Pope's Confederation Documents, the Upper House was called the Legislative Council. › This section was repealed by 38 & 39 Vict. ch. 38, and the following provisions were substituted : "The privileges... Canada, but so that any Act of the Parliament of Canada defining such privileges, immunities, and powers shall not confer any privileges, immunities, or powers exceeding those at the passing of such Act held, enjoyed, and exercised by the Commons House of Parliament of the United Kingdom... and by the members thereof.' A difficulty arose at the time of the Pacific Railway scandal from the inability of Parliamentary Committees to take evidence on oath; the British House of Commons not having possessed this right, except in the case of private Bills, until 1871. Under the present law the Canadian Parliament can assimilate its practice to that prevailing at the time in the British Parliament. 4 The first Parliament met on November 7, 1867. session of the 20. There shall be a session of the Parliament of Canada Yearly once at least in every year, so that twelve months shall not intervene between the last sitting of the Parliament in one Parlia Session and its first sitting in the next Session. THE SENATE. ment of Canada. of 21. The Senate shall, subject to the provisions of this Number Act, consist of seventy-two1 Members, who shall be styled Senators. Senators. 22. In relation to the constitution of the Senate, Canada Represenshall be deemed to consist of three divisions : (1) Ontario ; (2) Quebec; (3) The Maritime Provinces; Nova Scotia and New In the case of Quebec, each of the twenty-four tation of Provinces in Senate. 23. The qualifications of a Senator shall be as fol- Qualificalows: (1) He shall be of the full age of thirty years; 1 Under the British North America Act of 1871, 34 & 35 Vict. ch. 28, doubts were set at rest as to the power of the Dominion Parliament to establish Provinces out of Territories and to provide for their representation in such Parliament. There are at present 96 members of the Senate: 24 from Ontario, 24 from Quebec, 24 from the Maritime Provinces (Nova Scotia 10, New Brunswick 10, and Prince Edward Island 4), and 24 from the Western Provinces (Manitoba 6, Saskatchewan 6, Alberta 6, and British Columbia 6). 2 Increased to four by 5 & 6 G. V, ch. 45. 3 Contrast democratic provisions of Commonwealth Statute. tions of Senators. Summons (2) He shall be either a natural-born subject of the Queen or a subject of the Queen naturalized by an Act of the Parliament of Great Britain, or of the Parliament of the United Kingdom of Great Britain and Ireland, or of the Legislature of one of the Provinces of Upper Canada, Lower Canada, Canada, Nova Scotia, or New Brunswick before the Union, or of the Parliament of Canada after the Union: 1 (3) He shall be legally or equitably seised as of freehold for his own use and benefit of lands or tenements held in free and common socage, or seised or possessed for his own use and benefit of lands or tenements held in franc-alleu or in roture, within the Province for which he is appointed, of the value of four thousand dollars, over and above all rents, dues, debts, charges, mortgages, and incumbrances due or payable out of or charged on or affecting the same : (4) His real and personal property shall be together worth four thousand dollars over and above his debts and liabilities: (5) He shall be resident in the Province for which he is appointed: (6) In the case of Quebec he shall have his real property qualification in the Electoral Division for which he is appointed, or shall be resident in that division. 24. The Governor-General shall from time to time, in of senator. the Queen's name, by Instrument under the Great Seal of Canada, summon qualified persons to the Senate; and, subject to the provisions of this Act, every person so 1 A grant of land en franc aleu roturier was roughly analogous to a grant in free and common socage. Such land was subject to no dues or payments. See The Seigniorial System in Canada, by W. B. Munro, 1907, p. 53. 2 See Pope's Confed. Documents, pp. 61-65. At the Quebec Conference G. Brown strongly objected leaving to the Executive the choice of Legislative Councillors (senators). summoned shall become and be a member of the Senate and a Senator. of First 25. Such persons shall be first summoned to the Senate Summons as the Queen by Warrant under Her Majesty's Royal Sign body of Manual thinks fit to approve, and their names shall be inserted in the Queen's Proclamation of Union. Senators. 26. If at any time, on the recommendation of the Addition Governor-General, the Queen thinks fit to direct that three of Senators in cases. or six Members be added to the Senate, the Governor- certain General may by summons to three or six qualified persons (as the case may be) representing equally the three divisions of Canada, add to the Senate acccordingly.1 of Senate 27. In case of such addition being at any time made, Reduction the Governor-General shall not summon any person to the to normal Senate, except on a further like direction by the Queen on number. the like recommendation, until each of the three divisions of Canada is represented by twenty-four Senators and no more. 28. The number of Senators shall not at any time Number of exceed seventy-eight.2 Senators. 29. A Senator shall, subject to the provisions of this Act, Tenure of place. hold his place in the Senate for life. tion of 30. A Senator may by writing under his hand, addressed Resignato the Governor-General, resign his place in the Senate, place in and thereupon the same shall be vacant. 1 This provision was added at the suggestion of the Home Government to meet the case of a possible deadlock between the two Houses of Parliament. In December, 1873, the Canadian Privy Council advised that an application should be made to the Crown to add six members to the Senate. The recommendation was forwarded to the Secretary for the Colonies by the Governor-General. The request was refused on the ground that 'Her Majesty could not be advised to take the responsibility of interfering with the constitution of the Senate except upon an occasion when it had been made apparent that a difference had arisen between the two Houses of so serious and permanent a character that the Government could not be carried on without her intervention, and when it could be shown that the limited creation of senators allowed by the Act would apply an adequate remedy'. Can. Sess. Papers, 1877, No. 68. 2 This section has been in fact repealed by the results of the subsequent law. Senate. Disquali- 31. The place of a Senator shall become vacant in any of the following cases : fication of Senators. Summons on va (1) If for two consecutive Sessions of the Parliament he fails to give his attendance in the Senate; (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 in respect of property or residence; provided that a Senator shall not be deemed to have ceased to be qualified in respect of residence by reason only of his residing at the Seat of the Government of Canada, while holding an office under that Government requiring his presence there. 32. When a vacancy happens in the Senate by resignacancy in tion, death, or otherwise, the Governor-General shall by summons to a fit and qualified person fill the vacancy. Senate. As to qualifications, &c. Appointment of Speaker. Quorum of Voting in 33. If any question arises respecting the qualification of a Senator or a vacancy in the Senate, the same shall be heard and determined by the Senate. 34. The Governor-General may from time to time, by Instrument under the Great Seal of Canada, appoint a Senator to be Speaker of the Senate, and may remove him and appoint another in his stead. 35. Until the Parliament of Canada otherwise provides, the presence of at least fifteen Senators, including the Speaker, shall be necessary to constitute a meeting of the Senate for the exercise of its powers. 36. Questions arising in the Senate shall be decided by |