17. [Constitution of Parliament of Canada.] There shall be One
Parliament for Canada, consisting of the Queen, an Upper House styled
the Senate, and the House of Commons.
18. [Privileges, &c. of Houses.] The Privileges, Immunities, and Powers
to be held, 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.
19. [First Session of the Parliament of Canada.] The Parliament of
Canada shall be called together not later than Six Months after the
Union.
20. [Yearly Session of the Parliament of Canada.] There shall be a
Session of the Parliament of Canada once at least in every Year, so that
Twelve Months shall not intervene between the last Sitting of the
Parliament in one Session and its first Sitting in the next Session.
The Senate.
21. [Number of Senators.] The Senate shall, subject to the Provisions
of this Act, consist of Seventy-two Members, who shall be styled
Senators.
22. [Representation of Provinces in Senate.] In relation to the
Constitution of the Senate, Canada shall be deemed to consist of Three
Divisions:
1. Ontario;
2. Quebec;
3. The Maritime Provinces, Nova Scotia and New Brunswick;
which Three Divisions shall (subject to the Provisions of this Act) be
equally represented in the Senate as follows: Ontario by Twenty-four
Senators; Quebec by Twenty-four Senators; and the Maritime Provinces
by Twenty-four Senators, Twelve thereof representing Nova Scotia, and
Twelve thereof representing New Brunswick.
In the Case of Quebec each of the Twenty-four Senators representing
that Province shall be appointed for One of the Twenty-four Electoral
Divisions of Lower Canada specified in Schedule A. to Chapter One of
the Consolidated Statutes of Canada.
23. [Qualifications of Senator.] The Qualifications of a Senator shall
be as follows:
(1.) He shall be of the full age of Thirty Years:
(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:
(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. [Summons of Senator.] The Governor General shall from Time to Time,
in 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 summoned shall become and be a Member of
the Senate and a Senator.
25. [Summons of First Body of Senators.] Such Persons shall be first
summoned to the Senate as the Queen by Warrant under Her Majesty's Royal
Sign Manual thinks fit to approve, and their Names shall be inserted in
the Queen's Proclamation of Union.
26. [Addition of Senators in certain Cases.] If at any Time on the
Recommendation of the Governor General the Queen thinks fit to direct
that Three or Six Members be added to the Senate, the Governor 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
accordingly.
27. [Reduction of Senate to normal number.] In case of such Addition
being at any Time made, the Governor General shall not summon any Person
to the Senate, except on a further like Direction by the Queen on the
like Recommendation, until each of the Three Divisions of Canada is
represented by Twenty-four Senators and no more.
28. [Maximum Number of Senators.] The Number of Senators shall not at
any Time exceed Seventy-eight.
29. [Tenure of Place in Senate.] A Senator shall, subject to the
Provisions of this Act, hold his Place in the Senate for Life.
30. [Resignation of Place in Senate.] A Senator may by Writing under his
Hand addressed to the Governor General resign his Place in the Senate,
and thereupon the same shall be vacant.
31. [Disqualification of Senators.] The Place of a Senator shall become
vacant in any of the following Cases:--
(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 of
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. [Summons on Vacancy in Senate.] When a Vacancy happens in the Senate
by Resignation, Death, or otherwise, the Governor General shall by
Summons to a fit and qualified Person fill the Vacancy.
33. [Questions as to Qualifications and Vacancies in Senate.] 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. [Appointment of Speaker of Senate.] 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. [Quorum of Senate.] 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. [Voting in Senate.] Questions arising in the Senate shall be decided
by a Majority of Voices, and the Speaker shall in all Cases have a Vote,
and when the Voices are equal the Decision shall be deemed to be in the
Negative.
The House of Commons.
37. [Constitution of House of Commons in Canada.] The House of Commons
shall, subject to the Provisions of this Act, consist of One hundred and
eighty-one Members, of whom Eighty-two shall be elected for Ontario,
Sixty-five for Quebec, Nineteen for Nova Scotia, and Fifteen for New
Brunswick.
38. [Summoning of House of Commons.] The Governor General shall from
Time to Time, in the Queen's Name, by Instrument under the Great Seal of
Canada, summon and call together the House of Commons.
39. [Senators not to sit in House of Commons.] A Senator shall not be
capable of being elected or of sitting or voting as a Member of the
House of Commons.
40. [Electoral Districts of the Four Provinces.] Until the Parliament
of Canada otherwise provides, Ontario, Quebec, Nova Scotia, and New
Brunswick shall, for the Purposes of the Election of Members to serve in
the House of Commons, be divided into Electoral Districts as follows: