Senate Property Rules Repealed, Except Quebec

Summary#

This bill changes the Constitution Act, 1867 to remove most property requirements for becoming and remaining a Senator. It repeals the rule that Senators must have at least CAD $4,000 in combined real and personal property and ends the real property requirement for Senators from every province except Quebec. It also updates the sworn declaration to match the new rules and sets “coordinating” steps if Quebec later agrees to repeal its remaining property rule.

• Repeals the CAD $4,000 net-worth property requirement for all Senators (Clause 2; former s.23(4)).
• Stops the real property ownership rule from applying to Senators from provinces other than Quebec (new s.23A; Clause 3).
• Leaves Quebec’s real property rule in place unless Quebec agrees to repeal it in the future (Preamble; new s.23A).
• Simplifies the Declaration of Qualification by removing property language (Clause 4).
• Sets coordination rules so that, if Quebec later agrees to repeal its real property clauses, the law cleans up related text (Coordinating Amendments).

What it means for you#

• Households

  • Day-to-day services and taxes do not change. This bill only affects who can be appointed to the Senate and how vacancies are handled.

• Prospective Senators (non-Quebec provinces)

  • You no longer need to own land or have a minimum personal net worth of CAD $4,000 to qualify or remain a Senator once the Act is in force (Clause 2; new s.23A).
  • You must still meet other constitutional qualifications, including age and residency; these are unchanged by this bill (outside scope of this bill).

• Prospective Senators (Quebec)

  • The general CAD $4,000 net-worth property rule is repealed (Clause 2).
  • The separate real property rule in Quebec continues. You must still satisfy paragraph (3) of section 23 regarding real property, with the location/residency options set out for Quebec’s 24 divisions (Preamble; existing s.23(3) and (6)). This remains until Quebec agrees to repeal those paragraphs.

• Current Senators

  • From non-Quebec provinces: you would no longer need to maintain qualifying property after the Act comes into force (Clause 2; new s.23A).
  • From Quebec: you must still meet Quebec’s real property requirement until it is repealed with Quebec’s agreement (Preamble; existing s.23(3) and (6)).

• Federal appointments and vetting

  • The government would stop checking property ownership and net-worth for nominees from non-Quebec provinces (Clause 2; new s.23A).
  • The oath-style Declaration of Qualification would be shorter and would no longer include property statements (Clause 4).

• Vacancy rules

  • The current vacancy clause that mentions loss of “Property or Residence” qualification stays in place unless and until Quebec’s real property rules are also repealed. If both the future repeal and this Act are in force, the vacancy clause will refer only to Residence (Coordinating Amendments s.(5); existing s.31(5)).

Expenses#

Estimated net cost: Data unavailable.

• The bill contains no appropriations or new spending authorities (bill text overall).
• It makes constitutional text changes only. No fees, fines, or revenues are created (bill text overall).
• Administrative impacts, if any (e.g., appointment vetting changes), are not discussed in the bill. Data unavailable.

Proponents' View#

• The property rules are outdated and do not reflect modern democratic values or a fair test of merit to serve in the Senate (Preamble).
• Removing the CAD $4,000 net-worth requirement broadens the pool of qualified candidates across Canada (Clause 2; former s.23(4)).
• Ending the real property rule for non-Quebec provinces removes a barrier for people who rent or cannot access suitable land in their province (new s.23A; Preamble).
• The change supports better representation for groups who have been underrepresented in Parliament, such as Indigenous peoples, visible minorities, and women (Preamble).
• Parliament has clear authority under section 44 of the Constitution Act, 1982 to repeal the net-worth requirement, and to limit the real property rule outside Quebec (Preamble; Clause 2; new s.23A).
• The Declaration of Qualification will match the new law, reducing confusion and compliance steps (Clause 4).

Opponents' View#

• Asymmetry risk: Quebec would still have a real property requirement while other provinces would not, creating unequal qualification standards across provinces (new s.23A; Preamble).
• Legal/implementation complexity: Coordinating provisions hinge on a future repeal of Quebec’s clauses, which requires action by Quebec. Until then, vacancy and qualification language is partly split across sections (Coordinating Amendments; existing s.31(5)).
• Limited practical impact: The CAD $4,000 threshold is low today, so repeal may not meaningfully change who is appointed, while adding constitutional complexity (Clause 2; former s.23(4)).
• Potential for confusion: Candidates and the public may misread the change and assume all property rules are gone everywhere, when Quebec’s real property rule still applies (new s.23A; Preamble).
• No fiscal analysis: The bill provides no cost or implementation plan, leaving any administrative needs unquantified (Data unavailable).