Ottawa – The Government of Canada’s eight-year term limit legislation is the first step in bringing democratic legitimacy to Canada’s Senate, says Gord Brown, Member of Parliament for Leeds-Grenville.

“Today’s re-introduction of eight year term limits for Senators demonstrates our Government’s commitment to Senate reform,” notes Brown. “It is unacceptable to Canadians that unelected Senators can serve for a term of up to 45 years.”

This afternoon, Minister of State for Democratic Reform, Steven Fletcher, re-introduced legislation that would limit the terms of Senators to one non-renewable term of eight years. Currently, if Senators are appointed at the minimum appointed age of 30 and serve until the retirement age of 75 years they would have a term of 45 years.

All Senators appointed after the October 2008 general election will have a term of eight years once this Bill receives Royal Assent.

“Our Government reaffirmed its commitment to Senate Reform in the 2010 Throne Speech, “says Brown. “We will continue to push for further reform to ensure the Senate reflects a 21st Century democratic institution.”

Section 23 of the Constitution Act, 1867 provides that senators “shall be of the full age of Thirty Years”, and section 29 (2) states that a senator shall “hold his place in the Senate until he attains the age of seventy-five years”.  Thus, a senator could serve a term as long as 45 years should he or she be appointed at the age of 30 and serve until the mandated retirement age.

Under section 44 of the Constitution Act, 1982, Parliament alone may make laws amending the Constitution of Canada in relation to the executive government of Canada, or the Senate and the House of Commons.  The Senate Term Limits bill uses section 44 to amend section 29 to provide that “a person summoned to the Senate after the coming into force of the Constitution Act, 2010 (Senate Term Limits) shall hold a place in that House for one term of eight years”.  The eight-year term would not be renewable.

The eight-year term for senators will be subject to sections 29A, 30 and 31 of the Constitution Act, 1867.  Section 29A maintains the retirement age of 75 years for all senators, regardless of when they are appointed (i.e., before or after the coming into force of the bill).

Sections 30 and 31 of the Constitution Act, 1867 set out instances in which a senator’s seat becomes vacant.  Section 30 provides for the resignation of a senator.  Section 31 sets out the scenarios which would trigger the disqualification of a senator, including non-compliance with attendance rules, bankruptcy or insolvency, criminal conviction or ceasing to meet the property and residency requirements of a senator.  The bill provides that, should a senator’s term be interrupted prior to the completion of the eight-year term, that senator may be summoned again, but only for the remaining portion of the original eight-year term.

The bill includes a transitional provision which will apply the eight-year term to those senators appointed after October 14, 2008 but before the coming into force of the Act.  These senators will continue to hold a seat in the Senate for a period of eight years following the coming into force of the bill.

Senators were originally appointed to the Senate “for Life”, but that was changed unilaterally by Parliament through an amendment to section 29 of the Constitution Act, 1867 (via the Constitution Act, 1965) that created the current mandatory retirement provision for senators attaining the age of 75 years.