Senate to Elect Speaker by Secret Ballot

Summary#

This bill would change how the Senate chooses its Speaker and Deputy Speaker. It amends the Constitution Act, 1867 and the Parliament of Canada Act so senators elect these officers by secret ballot, and it changes how the presiding senator votes. It takes effect at the dissolution of the 44th Parliament.

• Senators would elect the Speaker and Deputy Speaker by secret ballot at the first sitting after a general election, and on any vacancy (Constitution Act, 1867 s.34, as amended; Clause 1).
• The presiding senator would not vote on ordinary questions but would cast a vote only to break a tie (Constitution Act, 1867 s.36, as amended; Clause 2).
• Ties would no longer fail automatically; instead, the presiding senator’s casting vote would decide (s.36, as amended).
• The Parliament of Canada Act language on presiding during absences is updated to reflect a standing Deputy Speaker and to clarify who may take the chair (Parliament of Canada Act ss.17–19, as amended; Clause 3).
• The salary reference for the Senate’s presiding officer below the Speaker is updated from “Speaker pro tempore” to “Deputy Speaker,” with the same listed amount for FY2004 (Parliament of Canada Act s.62.1(1)(b), as amended; Clause 4).
• Coming into force on the dissolution of the 44th Parliament (Coming into Force).

What it means for you#

• Households

  • No direct changes to taxes, services, or benefits. This bill alters Senate internal leadership and voting rules.

• Senators

  • Elect the Speaker and Deputy Speaker by secret ballot at the first sitting after each general election; also elect replacements if a vacancy occurs (s.34, as amended).
  • When presiding, you do not vote on ordinary questions; you cast a vote only to break a tie (s.36, as amended).
  • In ties, your casting vote decides the question; ties are no longer deemed negative (s.36, as amended).
  • Clearer rules for who presides when the Speaker or Deputy Speaker must leave the chair or are unavoidably absent (Parliament of Canada Act ss.17–19, as amended).

• Senate administration

  • Must run secret-ballot elections for Speaker and Deputy Speaker at the start of each Parliament and when vacancies occur (s.34, as amended).
  • Must apply updated chairing rules for temporary absences and unavoidable absences (Parliament of Canada Act ss.17–19, as amended).
  • Compensation provision updates the title to “Deputy Speaker” while keeping the FY2004 reference amount of CAD $20,600 (Parliament of Canada Act s.62.1(1)(b), as amended; Clause 4).

• Timing

  • All changes take effect on the dissolution of the 44th Parliament (Coming into Force).

Expenses#

• Estimated net cost: Data unavailable.

• Key points

  • No appropriations or new fees are stated in the bill text (Clauses 1–4; Coming into Force).
  • The compensation clause updates the title to “Deputy Speaker” but keeps the same listed amount for the fiscal year starting April 1, 2004: CAD $20,600 (Parliament of Canada Act s.62.1(1)(b), as amended; Clause 4).
  • Administrative costs to conduct secret-ballot elections and update procedures are not specified. Data unavailable.

Proponents' View#

• Improves internal democracy by having senators choose their Speaker and Deputy Speaker by secret ballot, rather than appointment (s.34, as amended; Clause 1).
• Clarifies continuity of presiding authority by recognizing a Deputy Speaker and setting clear rules for temporary and unavoidable absences (Parliament of Canada Act ss.17–19, as amended; Clause 3).
• Enhances presiding neutrality by removing the presiding senator’s regular vote and limiting it to a casting vote in ties (s.36, as amended; Clause 2).
• Removes automatic defeat on ties and replaces it with a transparent tie-break by the presiding senator, which may provide clearer accountability for close decisions (s.36, as amended).
• Makes a targeted change without new spending or appropriations in the bill text (Clauses 1–4).

Opponents' View#

• Reduces ordinary voting participation of the presiding senator, since the presiding senator cannot vote except to break ties (s.36, as amended).
• Changes outcomes in close votes by ending the current rule that ties fail automatically; this could allow measures at 50-50 to pass based on the presiding senator’s casting vote (s.36, as amended).
• Removes the existing appointment mechanism for the Speaker and may require the Senate to develop detailed secret-ballot procedures not specified in the bill (s.34, as amended; procedural details not provided).
• Transition timing could require rapid procedural updates at the next dissolution, because all changes take effect at once when the 44th Parliament dissolves (Coming into Force).