Summary#

This bill lets every Member of Parliament and every Senator choose which oath to take before they take their seat. They may take the traditional Oath of Allegiance, a new Oath of Office, or both. The bill adds the Oath of Office text to the Constitution Act, 1867 and states that this Act forms part of the Constitution Acts, 1867 to 1982 (Bill, s. 128(2); Fifth Schedule; Interpretation).

• Lets MPs and Senators take an Oath of Office instead of the Oath of Allegiance, or take both (Bill, s. 128(2)).
• Adds a new Oath of Office: “I, A.B., do swear that I will carry out my duties in the best interest of Canada while upholding its Constitution.” (Bill, Fifth Schedule).
• Keeps the oath requirement “before taking their seat,” but makes the allegiance oath optional (Bill, s. 128(2)).
• Applies only to the federal Senate and House of Commons; it does not change provincial or territorial oaths (Bill text).
• Becomes law on Royal Assent; the bill sets no later start date (Bill text).
• Does not authorize new spending or change revenues (Bill text).

What it means for you#

• Households and voters
  • No direct change to services, taxes, or benefits. This is about the oaths taken by federal MPs and Senators (Bill text).
• Members of Parliament and Senators
  • You may choose to swear only the Oath of Office, only the Oath of Allegiance, or both, before taking your seat (Bill, s. 128(2)).
  • The Oath of Office states you will act in the best interest of Canada and uphold the Constitution (Bill, Fifth Schedule).
  • Timing remains the same: you must take the chosen oath before sitting or voting (Bill, s. 128(2)).
• Parliament administration
  • Update swearing-in scripts, forms, records, and guidance to offer both oath options (Bill, s. 128(2); Fifth Schedule).
• Provinces and territories
  • No change to provincial or territorial legislature oaths. This bill amends federal constitutional provisions for Parliament only (Bill text).

Expenses#

Estimated net cost: Data unavailable.

• No fiscal note identified. Data unavailable.
• The bill includes no appropriations and no revenue changes (Bill text).
• Any administrative costs to update forms and ceremonies are not stated. Data unavailable.

Proponents' View#

• Expands choice while keeping tradition: Members can still swear allegiance, but those who prefer may take an office-focused oath instead (Bill, s. 128(2)).
• Focuses on duty to Canada and the Constitution, which applies equally to all members regardless of personal views on the Crown (Bill, Fifth Schedule).
• Minimal operational impact: The oath remains a pre-seat requirement; only the content options change (Bill, s. 128(2)).
• No spending or tax impacts; implementation is limited to procedures for administering oaths (Bill text).
• The Act is expressly deemed part of the Constitution, clarifying its constitutional status (Bill, Interpretation).

Opponents' View#

• Constitutional risk: Some may argue that changing an oath tied to the Crown affects “the office of the Queen/King,” which could require unanimous provincial consent under the amending formula (Constitution Act, 1982, s. 41(a)). Assumption: Courts have not ruled on whether this specific change engages s. 41.
• Litigation and uncertainty: If courts later reject the change, the status of members sworn only by the new oath, and the validity of their votes, could be challenged. Assumption: Depends on future court outcomes; not determined by the bill.
• Symbolic consequences: Making allegiance optional may be seen as reducing the Crown’s role in Parliament, which could face political resistance. Assumption: Impact is symbolic and not measured in the bill.
• Clarity of enforcement: The Oath of Office uses broad terms (“best interest of Canada,” “upholding its Constitution”) without new enforcement mechanisms beyond existing oath procedures (Bill, Fifth Schedule).