Senate to Elect Speaker by Secret Ballot

Summary#

This bill would change how the Senate chooses its Speaker and Deputy Speaker and how the presiding senator votes. It amends the Constitution Act, 1867 and the Parliament of Canada Act. It sets secret-ballot elections for these roles by senators, and it changes voting rules so the presiding senator votes only to break a tie (Clause 1; Clause 2). It also updates Senate chairing rules and the salary line for the Deputy Speaker (Clauses 3–4). The Act comes into force on the dissolution of the 43rd Parliament (Coming into Force).

• Senators would elect the Speaker and Deputy Speaker by secret ballot after each general election and to fill any vacancy (Clause 1, replacing s.34).
• The presiding senator would not vote except to break a tie; ties would no longer automatically defeat a question (Clause 2, replacing s.36).
• Clear rules for when the Deputy Speaker or another senator may preside, and for the validity of their acts (Clause 3).
• The statute sets the Deputy Speaker’s salary at $20,600 (replacing the prior “Speaker pro tempore” line with the same amount) (Clause 4; s.62.1(b)).
• No new programs or services; changes are internal to Senate governance (Clauses 1–4).

What it means for you#

• Households

  • No direct change in services or taxes. This bill affects Senate leadership and voting procedures (Clauses 1–2).

• Workers

  • Federal public servants: No direct employment changes. Some procedural updates to Senate operations may require administrative adjustments (Clause 3).

• Businesses

  • No direct regulatory or tax impact. Possible indirect effects if Senate decision-making dynamics shift due to new tie-breaking rule (Clause 2).

• Local and provincial governments

  • No direct mandates or funding changes. Possible indirect effect on federal legislative outcomes due to tie-breaking by the presiding senator (Clause 2).

• Senators and parliamentary staff

  • Senators would choose the Speaker and Deputy Speaker by secret ballot at the first meeting after a general election and when vacancies occur (Clause 1).
  • When presiding, the Speaker, Deputy Speaker, or another senator in the chair would not vote unless there is a tie; if tied, the presiding senator would cast a vote (Clause 2).
  • Updated procedures for handing off the chair to the Deputy Speaker or another senator during absences; all such acts are valid as if done by the Speaker (Clause 3).
  • The Deputy Speaker receives an annual salary of $20,600 (Clause 4).

Expenses#

Estimated net cost: CAD $0 ongoing; no new appropriations and no change to the salary amount for the role, which remains $20,600/year (Clause 4).

• The bill replaces the salary line for “Speaker pro tempore” with “Deputy Speaker” at the same dollar amount, suggesting no net increase (Clause 4).
• No fiscal note identified. No new spending authorities in the bill text.

Proponents' View#

• Increases Senate independence and self-governance by letting senators choose their own Speaker and Deputy Speaker rather than appointment by the Governor General (on advice of the executive) (Clause 1, replacing s.34).
• Adds democratic legitimacy and accountability through a secret-ballot election among senators at the start of each Parliament and upon vacancies (Clause 1).
• Improves decision-making clarity: ties would be resolved by a presiding senator’s vote, instead of automatically failing; this may reduce deadlock (Clause 2).
• Aligns voting practices with common parliamentary tie-breaking norms, while keeping the presiding officer neutral except in ties (Clause 2).
• Modernizes chairing and absence rules, ensuring continuity of proceedings and legal validity of acts taken by a Deputy or acting presiding senator (Clause 3).

Opponents' View#

• Constitutional risk: Changes to Senate institutions can trigger the general amending formula requiring provincial consent. The Supreme Court has held that some reforms to the Senate’s design require provincial agreement (Reference re Senate Reform, 2014 SCC 32). Whether these specific changes fit within Parliament’s unilateral power (s.44) may be contested.
• Reduced provincial representation in votes when presiding: The Speaker/Deputy/acting presiding senator would lose their ordinary vote except in ties, potentially affecting close outcomes and representation of that senator’s province (Clause 2).
• Potential politicization of the Speakership: Regular elections for Speaker after each general election could lead to campaigns and caucus bargaining that distract from Senate business (Clause 1).
• Implementation and transition questions: Secret-ballot procedures, staffing, and standing order updates will be needed; costs and timelines are not specified (Clauses 1 and 3; Data unavailable).
• Coming-into-force clause sets commencement “on the dissolution of the 43rd Parliament,” which may raise questions about retroactive effect and administrative transition if passage occurs after that point (Coming into Force).