MPs and Senators get oath choice

Summary#

This bill changes the oath requirement for federal lawmakers. It amends section 128 of the Constitution Act, 1867 to let each Senator or Member of Parliament choose the Oath of Allegiance, a new Oath of Office, or both before taking their seat (Bill, new s.128(2)). It adds the Oath of Office text to the Fifth Schedule and keeps the current Oath of Allegiance available (Bill, Fifth Schedule). The existing oath rule for provincial legislators in s.128 remains unchanged.

• Allows federal members to take an Oath of Office instead of the Oath of Allegiance (Bill, new s.128(2)).
• Keeps the Oath of Allegiance as an option; members may take both (Bill, new s.128(2)).
• Adds the Oath of Office text to the Constitution’s Fifth Schedule (Bill, Fifth Schedule).
• Does not change provincial oath rules in s.128(1) (Bill, renumbered s.128(1)).
• Declares this Act forms part of the “Constitution Acts, 1867 to 1982” for interpretive purposes (Bill, Interpretation clause).

What it means for you#

• Households and voters

  • No change to services, taxes, or benefits. Your MP or Senator may choose which oath to take when sworn in. Representation continues as normal (Bill, new s.128(2)).

• Members of Parliament and Senators

  • You may choose the Oath of Office, the Oath of Allegiance, or both before taking your seat (Bill, new s.128(2)).
  • The Oath of Office text: you promise to “truly and faithfully and to the best of my skill and knowledge execute the powers and trusts reposed in me” as a member (Bill, Fifth Schedule).
  • Effective date is upon Royal Assent unless stated otherwise (Interpretation Act, R.S.C., 1985, c. I-21, s.5(2)).

• Candidates for federal office

  • If elected, you can take the Oath of Office instead of the Oath of Allegiance to assume your seat (Bill, new s.128(2)).

• Federal parliamentary administration

  • Must update swearing-in procedures, forms, and guidance to offer both oaths (Bill, new s.128(2); Fifth Schedule). Timeline begins on Royal Assent (Interpretation Act, s.5(2)).

• Provincial legislators and administrations

  • No change. The new choice applies only to the Senate and House of Commons. Provincial oath requirements in s.128(1) remain the Oath of Allegiance (Bill, renumbered s.128(1)).

Expenses#

Estimated net cost: Data unavailable.

• The bill contains no appropriations, fees, or tax changes (Bill, passim).
• Any administrative costs to update forms and procedures are not estimated in the bill text. Data unavailable.

Proponents' View#

• Expands choice and reduces a barrier of conscience by letting federal members serve without pledging allegiance to the Monarch, while keeping the allegiance option for those who want it (Bill, new s.128(2)).
• Preserves continuity: the Oath of Allegiance remains available, and members may take both oaths if they wish (Bill, new s.128(2)).
• Creates a duty-focused oath that commits members to faithfully execute their powers and trusts, which may enhance accountability to the office (Bill, Fifth Schedule).
• Narrow scope limits disruption: the change applies only to the Senate and House of Commons; provincial oath rules are unchanged (Bill, renumbered s.128(1), new s.128(2)).
• No direct fiscal cost is authorized in the bill (Bill, passim).

Opponents' View#

• Risks weakening the public link to the Crown, a core element of Canada’s constitutional order, by removing the uniform requirement to swear allegiance at the federal level (Constitution Act, 1867, Fifth Schedule current oath; preamble; s.9).
• Legal risk: changing the oath may affect the constitutional architecture and could require provincial consent under Part V of the Constitution Act, 1982 (e.g., s.41(a) on the office of the Queen). Courts have warned that Parliament’s unilateral power is limited when changes affect core institutions (Reference re Senate Reform, 2014 SCC 32).
• If a court later strikes down the change, there could be uncertainty about the status of votes cast by members who took only the Oath of Office, until the issue is resolved (Legal implementation risk; Data unavailable).
• Creates inconsistency with provincial oath rules, which may cause confusion for the public and for intergovernmental ceremonies, since provinces would still require the Oath of Allegiance (Bill, renumbered s.128(1)).
• The Oath of Office text does not expressly mention the Constitution or Canada, which some may view as too vague for ensuring loyalty to the constitutional order (Bill, Fifth Schedule).