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125-502: A member of one house will not usually refer directly to the other, but refer to it indirectly using the phrase "another place" or "the other place". So, for example, a member of the Senate of Canada would not mention "the House of Commons " but would use the phrase "the other place". The tradition does not extend to business conducted outside the house (such as speeches and interviews), and

250-603: A whip designate an individual to serve as a liaison; they have accordingly been compared to technical groups or crossbenchers in other jurisdictions. By contrast, the Conservative group remains affiliated with the federal party with its members attending caucus meetings with its members of the House of Commons; they follow the party whip as a condition of continued affiliation. A majority of sitting senators are women. As of September 7, 2023 , there are 51 women in

375-594: A Committee of the Whole for a number of purposes, including to consider legislation or to hear testimony from individuals. Nominees to be officers of Parliament often appear before Committee of the Whole to answer questions with respect to their qualifications prior to their appointment. The Senate also has several standing committees, each of which has responsibility for a particular area of government (for example, finance or transport). These committees consider legislation and conduct special studies on issues referred to them by

500-568: A Dominion ended when Canadian parliament declared war on Germany on 9 September 1939, separately and distinctly from the United Kingdom's declaration of war six days earlier. By the 1950s, the term Dominion of Canada was no longer used by the United Kingdom, which considered Canada a "Realm of the Commonwealth". The government of Louis St. Laurent ended the practice of using Dominion in the statutes of Canada in 1951. This began

625-620: A Senate appointment at any time, or nominate someone they believe meets the merit criteria. The original Senate chamber was lost to the fire that consumed the Parliament Buildings in 1916. The Senate then sat in the mineral room of what is today the Canadian Museum of Nature until 1922, when it relocated to Parliament Hill . With the Centre Block undergoing renovations, temporary chambers have been constructed in

750-513: A bill are usually accepted by the Commons. The Senate tends to be less partisan and confrontational than the Commons and is more likely to come to a consensus on issues. It also often has more opportunity to study proposed bills in detail either as a whole or in committees. This careful review process is why the Senate is still today called the chamber of "sober second thought", though the term has

875-742: A common allegiance to the Crown and freely associated as members of the British Commonwealth of Nations". The British government of Lloyd George had emphasised the use of the capital "D" when referring to the Irish Free State in the Anglo-Irish Treaty to assure it the same constitutional status in order to avoid confusion with the wider term "His Majesty's dominions", which referred to the British Empire as

1000-443: A common allegiance to the Crown and freely associated as members of the British Commonwealth of Nations". Their full legislative independence was subsequently confirmed in the 1931 Statute of Westminster . In the 1920s and 1930s, they began to represent themselves in international bodies, in treaty making, and in foreign capitals. Later India , Pakistan , and Ceylon (now Sri Lanka ) also became dominions for short periods. With

1125-647: A copy of any Federal legislation that has been assented to. Then, within two years after the receipt of this copy, the (British) Monarch in Council could disallow an Act. Thirdly, at least four pieces of Imperial legislation constrained the Canadian legislatures. The Colonial Laws Validity Act of 1865 provided that no colonial law could validly conflict with, amend, or repeal Imperial legislation that either explicitly, or by necessary implication, applied directly to that colony. The Merchant Shipping Act of 1894, as well as

1250-566: A divorce. If the committee found that the request had merit, the marriage would be dissolved by an Act of Parliament . A similar situation existed in Ontario before 1930. This function has not been exercised since 1968 as the Divorce Act provided a uniform statutory basis across Canada accessed through the court system. Dominion List of forms of government A dominion was any of several largely self-governing countries of

1375-422: A mandatory retirement age of 75. Although the Senate is the upper house of parliament and the House of Commons is the lower house, this does not imply the former is more powerful than the latter. It merely entails that its members and officers outrank the members and officers of the Commons in the order of precedence for the purposes of protocol. In fact, the opposite is true; as a matter of practice and custom,

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1500-781: A new federation named Canada from 1867. This was instituted by the British Parliament in the British North America Act, 1867 (see also Canadian Confederation ) . Section 3 of the Act referred to the new entity as a "Dominion", the first such entity to be created. From 1870 the Dominion included two vast neighbouring British territories without self-government: Rupert's Land and the North-Western Territory ; together these became over time

1625-400: A point of order if a rule (or standing order) has been breached, on which the speaker makes a ruling. However, the speaker's decisions are subject to appeal to the whole Senate. When presiding, the speaker remains impartial, while maintaining membership in a political party. Unlike the speaker of the House of Commons , the speaker of the Senate does not hold a casting vote, but, instead, retains

1750-406: A political party and there has been no government caucus in the Senate. On December 6, 2016, for the first time in Canadian history the number of senators without a partisan affiliation exceeded that of the largest parliamentary group of senators with a partisan affiliation, and on October 17, 2017, the largest parliamentary group became one composed of senators unaffiliated with a political party. By

1875-399: A population of about five million, sends six senators to Ottawa, whereas Nova Scotia and New Brunswick, both with populations under one million, are entitled to 10 senators each. Only Quebec has a share of senators approximate to its share of the total population. Senators must possess land worth at least $ 4,000 and have residency in the province or territory for which they are appointed. In

2000-652: A president of Ireland. At the same time, a law delegating functions to the King, not as King in Ireland but as the symbol of the co-operation amongst Commonwealth countries with which Ireland associated itself, continued to apply in external relations. The last statutory functions of the King with respect to Ireland were abolished in 1949 . The Balfour Declaration of 1926 , and the subsequent Statute of Westminster , 1931, restricted Britain's ability to pass or affect laws outside of its own jurisdiction. Until 1931, Newfoundland

2125-555: A rule introduced to ensure senators were not beholden to economic vagaries and turmoil. There is a mandatory retirement age of 75. A sitting senator is disqualified from holding office if they: Each province and territory is entitled to its number of Senate seats specified in section 22. That section divides most of the provinces of Canada geographically among four regions, with one province and all three territories remaining outside any division. The divisions have equal representation of 24 senators each: Western Canada , Ontario, Quebec, and

2250-453: A senator-in-waiting in 1998 and 2004, and appointed to the Senate in 2007 on the recommendation of Prime Minister Stephen Harper ; and the third was Betty Unger , elected in 2004 and appointed in 2012. The base annual salary of a senator was $ 150,600 in 2019, although members may receive additional salaries in right of other offices they hold (for instance, the title of Speaker). Most senators rank immediately above Members of Parliament in

2375-490: A short list of recommended candidates to the Prime Minister, who is not bound to accept them. Some provinces refused to participate, stating that it would make the situation worse by lending the Senate some legitimacy. From the beginning of the new appointments process in 2016 until April 2023, 66 new senators, all selected under this procedure, were appointed to fill vacancies. All Canadians may now apply directly for

2500-492: A slightly different meaning from what it did when used by John A. Macdonald. The format of the Senate allows it to make many small improvements to legislation before its final reading. The Senate, at times, is more active at reviewing, amending, and even rejecting legislation. In the first 60 years after Confederation, approximately 180 bills were passed by the House of Commons and sent to the Senate that subsequently did not receive Royal Assent, either because they were rejected by

2625-665: A substantive role as a representative of the British government, and ultimate executive power was vested in the British Monarch —who was advised only by British ministers in its exercise. Canada's independence came about as each of these sub-ordinations was eventually removed. When the Dominion of Canada was created in 1867, it was granted powers of self-government to deal with all internal matters, but Britain still retained overall legislative supremacy. This Imperial supremacy could be exercised through several statutory measures. In

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2750-700: A territory ceases to recognise the monarch as head of state, this status is changed by statute. Thus, for example, the British Ireland Act 1949 , recognised that the Republic of Ireland had "ceased to be part of His Majesty's dominions". The foundation of "Dominion" status followed the achievement of internal self-rule in British Colonies, in the specific form of full responsible government (as distinct from " representative government "). Colonial responsible government began to emerge during

2875-462: A vote of 43 to 32. Historically, before the passage of the Divorce Act in 1968, there was no divorce legislation in either Quebec or Newfoundland . The only way for couples to get divorced in these provinces was to apply to Parliament for a private bill of divorce. These bills were primarily handled by the Senate, where a special committee would undertake an investigation of a request for

3000-627: A whole. At the time of the founding of the League of Nations in 1924, the League Covenant made provision for the admission of any "fully self-governing state, Dominion, or Colony", the implication being that "Dominion status was something between that of a colony and a state". With the adoption of the Statute of Westminster 1931 , Britain and the Dominions (except Newfoundland) formed

3125-583: Is abolition". He declined to say how long he would allow vacancies to accumulate. Under the Constitution Act, 1867 , senators are appointed by the governor general on the advice of the prime minister. If no such advice is forthcoming, according to constitutional scholar Adam Dodek , in "extreme cases, there is no question that the Governor General would be forced to exercise such power [of appointment] without advice". On December 5, 2015,

3250-643: Is generally dropped when a debate is directly addressing the nature of the other house, such as in debates on reform of the House of Lords in the Parliament of the United Kingdom . The reasons for the tradition are unclear, but it has been suggested that it dates back to a period of ill-feeling between the two houses of the UK Parliament. Similarly a member talking of their own house would refer to it as "this place". The universities of Oxford and Cambridge refer to each other as "the other place", as do

3375-535: Is mastered or ruled". It was used by the British to describe their colonies or territorial possessions. Use of dominion to refer to a particular territory within the British Empire dates back to the 16th century and was sometimes used to describe Wales from 1535 to around 1800: for instance, the Laws in Wales Act 1535 applies to "the Dominion, Principality and Country of Wales". Dominion , as an official title,

3500-402: Is now central and eastern Canada for almost 20 years. The Fathers of Confederation simply continued the system they knew, the system that was already working, and working well. The constitutional scholar Andrew Heard argues that Confederation did not legally change Canada's colonial status to anything approaching its later status of a Dominion. At its inception in 1867, Canada's colonial status

3625-415: Is that it was achieved with a minimum of legislative amendments. Much of Canada's independence arose from the development of new political arrangements, many of which have been absorbed into judicial decisions interpreting the constitution—with or without explicit recognition. Canada's passage from being an integral part of the British Empire to being an independent member of the Commonwealth richly illustrates

3750-404: Is theoretically equal; the approval of each is necessary for a bill's passage. In practice, however, the House of Commons is the dominant chamber of parliament, with the Senate very rarely exercising its powers in a manner that opposes the will of the democratically elected chamber. Although the Senate has not vetoed a bill from the House of Commons since 1939, minor changes proposed by the Senate to

3875-577: The Canadian Citizenship Act, 1946 , following which the British Nationality Act 1948 created Commonwealth citizenship and the Dominions subsequently created their own citizenships. As Heard later explained, the British government seldom invoked its powers over Canadian legislation. British legislative powers over Canadian domestic policy were largely theoretical and their exercise was increasingly unacceptable in

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4000-516: The 1989 Alberta Senate nominee election were non-binding. Following the Canadian Senate expenses scandal Prime Minister Stephen Harper declared a moratorium on further appointments. Harper had advocated for an elected Senate for decades, but his proposals were blocked by a 2014 Supreme Court ruling that requires a constitutional amendment approved by a minimum of seven provinces, whose populations together accounted for at least half of

4125-606: The British Commonwealth of Nations . Dominions asserted full legislative independence, with direct access to the Monarch as Head of State previously reserved only for British governments. It also recognised autonomy in foreign affairs, including participation as autonomous countries in the League of Nations with full power over appointing ambassadors to other countries. Following the Second World War ,

4250-467: The British Empire , once known collectively as the British Commonwealth of Nations . Progressing from colonies, their degrees of colonial self-governance increased unevenly over the late 19th century through the 1930s. Vestiges of empire lasted in some dominions well into the late 20th century. With the evolution of the British Empire following the 1945 conclusion of the Second World War into

4375-598: The Canadian Encyclopedia (1999), "The word came to be applied to the federal government and Parliament, and under the Constitution Act, 1982, 'Dominion' remains Canada's official title." Usage of the phrase Dominion of Canada was employed as the country's name after 1867, predating the general use of the term Dominion as applied to the other autonomous regions of the British Empire after 1907. The phrase Dominion of Canada does not appear in

4500-557: The Canadian federal election of 1988 ) and the Goods and Services Tax . In the 1990s, the Senate rejected four pieces of legislation: a bill passed by the Commons restricting abortion (C-43), a proposal to streamline federal agencies (C-93), a bill to redevelop the Lester B. Pearson Airport (C-28), and a bill on profiting from authorship as it relates to crime (C-220). From 2000 to 2013,

4625-467: The Maritimes . The Western division comprises British Columbia, Alberta, Saskatchewan and Manitoba, each having 6 seats. The Maritimes division comprises New Brunswick and Nova Scotia, who each have 10 seats, and Prince Edward Island, which has 4 seats. Newfoundland and Labrador is represented by six senators. The Northwest Territories , Yukon and Nunavut have one senator each. Quebec senators are

4750-853: The Parliament of the United Kingdom passed the British North America Act 1867 (now entitled the Constitution Act, 1867 ), uniting the Province of Canada (as two separate provinces, Quebec and Ontario ), Nova Scotia and New Brunswick into a single federal Dominion . The Canadian parliament was based on the Westminster system (that is, the model of the Parliament of the United Kingdom). Canada's first prime minister, Sir John A. Macdonald , described

4875-497: The Quiet Revolution and the rise of Western alienation . The first change to the Senate was in 1965, when a mandatory retirement age of 75 years was set. Appointments made before then were for life. In the 1970s, the emphasis was on increased provincial involvement in the senators' appointments. Since the '70s, there have been at least 28 major proposals for constitutional Senate reform, and all have failed, including

5000-529: The Second Boer War (1899–1902). The self-governing colonies contributed significantly to British efforts to stem the insurrection, but ensured that they set the conditions for participation in these wars. Colonial governments repeatedly acted to ensure that they determined the extent of their participation in imperial wars in the military build-up to the First World War . The assertiveness of

5125-414: The Senate of Canada Building , where the Senate began meeting in 2019. There are chairs and desks on both sides of the chamber, divided by a centre aisle. A public gallery is above the chamber. The dais of the speaker is at one end of the chamber, and includes the new royal thrones , made in part from English walnut from Windsor Great Park . Outside of Parliament Hill, most senators have offices in

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5250-523: The Union of South Africa in 1910. In connection with proposals for the future government of British North America, use of the term "Dominion" was suggested by Samuel Leonard Tilley at the London Conference of 1866 discussing the confederation of the Province of Canada (subsequently becoming the provinces of Ontario and Quebec ), Nova Scotia and New Brunswick into "One Dominion under

5375-558: The Victoria Building across Wellington Street. Senators are appointed by the governor general via the recommendation of the prime minister. Traditionally, members of the prime minister's party were chosen. The constitution requires that a person be a subject of the King, between 30 and 75 years of age and a resident of the province or territory for which they are appointed, to become a senator. Senators must also own property worth at least $ 4,000 above their debts and liabilities,

5500-710: The governor general on the advice of the prime minister . The appointment is made primarily by four divisions, each having twenty-four senators: the Maritime division, the Quebec division, the Ontario division, and the Western division. Newfoundland and Labrador is not part of any division, and has six senators. Each of the three territories has one senator, bringing the total to 105 senators. Senate appointments were originally for life; since 1965, they have been subject to

5625-718: The order of precedence , although the speaker is ranked just above the speaker of the House of Commons and both are a few ranks higher than the remaining senators. While for much of the Senate's history, most senators were affiliated with the same federal political parties that seek seats in elections to the House of Commons, this has changed in the 21st century and the large majority of current senators have no formal partisan affiliations. From 1867 to 2015, prime ministers normally chose members of their own parties to be senators, though they sometimes nominated non-affiliated senators or members of opposing parties. Since November 4, 2015, all newly appointed Senators have not been affiliated with

5750-455: The " White Dominions ". Four colonies of Australia had enjoyed responsible government since 1856: New South Wales, Victoria, Tasmania and South Australia. Queensland had responsible government soon after its founding in 1859. Because of ongoing financial dependence on Britain, Western Australia became the last Australian colony to attain self-government in 1890. During the 1890s, the colonies voted to unite and in 1901 they were federated under

5875-555: The 1867 act nor in the Constitution Act, 1982 , but does appear in the Constitution Act, 1871 , other contemporaneous texts, and subsequent bills. References to the Dominion of Canada in later acts, such as the Statute of Westminster , do not clarify the point because all nouns were formally capitalised in British legislative style. Indeed, in the original text of the Constitution Act, 1867 , "One" and "Name" were also capitalised. Frank Scott theorised that Canada's status as

6000-434: The 1870s and 1880s. The rise to the status of a Dominion and then full independence for Canada and other possessions of the British Empire did not occur by the granting of titles or similar recognition by the British Parliament but by initiatives taken by the new governments of certain former British dependencies to assert their independence and to establish constitutional precedents. What is remarkable about this whole process

6125-606: The 1987 Meech Lake Accord , and the 1992 Charlottetown Accord . Starting in the 1980s, proposals were put forward to elect senators. After Parliament enacted the National Energy Program Western Canadians called for a Triple-E (elected, equal, and effective) senate. In 1982 the Senate was given a qualified veto over certain constitutional amendments. In 1987 Alberta legislated for the Alberta Senate nominee elections . Results of

6250-757: The British Crown as the Commonwealth of Australia by the Commonwealth of Australia Constitution Act . The Constitution of Australia had been drafted in Australia and approved by popular consent. Thus Australia is one of the few countries established by a popular vote. Under the Balfour Declaration of 1926 , the federal government was regarded as coequal with (and not subordinate to) the British and other Dominion governments, and this

6375-711: The Colonial Courts of Admiralty Act of 1890 required reservation of Dominion legislation on those topics for approval by the British Government. Also, the Colonial Stock Act of 1900 provided for the disallowance of any Dominion legislation the British government felt would harm British stockholders of Dominion trustee securities. Most importantly, however, the British Parliament could exercise the legal right of supremacy that it possessed over common law to pass any legislation on any matter affecting

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6500-412: The Commonwealth, and this term hence refers to the realms and republics. After this the term dominion , without its legal dimension, stayed in use thirty more years for those Commonwealth countries which had the crown as head of state. Gradually, particularly after 1953, the term was replaced by the term realm , as equal realms of the crown of the Commonwealth. The term dominion means "that which

6625-400: The Crown , were notionally foreign territory and not "within the crown's dominions". When these territories—including protectorates and protected states (a status with greater powers of self-government), as well as League of Nations mandates (which later became United Nations Trust Territories )—were granted independence and at the same time recognised the British monarch as head of state,

6750-446: The House of Commons is the dominant chamber. The prime minister and Cabinet are responsible solely to the House of Commons and remain in office only so long as they retain the confidence of that chamber. Parliament is composed of the two houses together with the " Crown-in-Parliament " (i.e. the monarch , represented by the governor general as viceroy ). The approval of both houses is necessary for legislation to become law, and thus

6875-531: The House of Commons. Because the Senate's schedule for debate is more flexible than that of the House of Commons, the government will sometimes introduce particularly complex legislation in the Senate first. In conformity with the British model, the Senate is not permitted to originate bills imposing taxes or appropriating public funds. Unlike in Britain but similar to the United States, this restriction on

7000-486: The Name of Canada", the first federation internal to the British Empire. Tilley's suggestion was taken from the 72nd Psalm , verse eight, "He shall have dominion also from sea to sea, and from the river unto the ends of the earth", which is echoed in the national motto, " A Mari Usque Ad Mare ". The new government of Canada under the British North America Act, 1867 began to use the phrase "Dominion of Canada" to designate

7125-399: The Senate and may hold hearings, collect evidence, and report their findings to the Senate. Standing committees consist of between nine and fifteen members each and elect their own chairmen. Special committees are appointed by the Senate on an ad hoc basis to consider a particular issue. The number of members for a special committee varies, but, the partisan composition would roughly reflect

7250-512: The Senate as a body of "sober second thought" that would curb the "democratic excesses" of the elected House of Commons and provide regional representation. He believed that if the House of Commons properly represented the population, the upper chamber should represent the regions. It was not meant to be more than a revising body or a brake on the House of Commons. Therefore, it was deliberately made an appointed house, since an elected Senate might prove too popular and too powerful and be able to block

7375-502: The Senate can reject bills passed by the House of Commons. Between 1867 and 1987, the Senate rejected fewer than two bills per year, but this has increased in more recent years. Although legislation can normally be introduced in either chamber, the majority of government bills originate in the House of Commons, with the Senate acting as the chamber of "sober second thought" (as it was called by John A. Macdonald , Canada's first prime minister). The Senate came into existence in 1867, when

7500-466: The Senate committees is the Committee of the Whole, which, as the name suggests, consists of all senators. The Committee of the Whole meets in the chamber of the Senate, but proceeds under slightly modified rules of debate. (For example, there is no limit on the number of speeches a senator may make on a particular motion.) The presiding officer is known as the chairman. The Senate may resolve itself into

7625-474: The Senate currently has fewer than 105 members again, with 9 vacancies as of December 29, 2023 . The presiding officer of the Senate is the speaker , who is appointed by the governor general on the advice of the prime minister. The speaker is assisted by a speaker pro tempore ("Current Speaker"), who is elected by the Senate at the beginning of each parliamentary session. If the Speaker is unable to attend,

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7750-454: The Senate or were passed by the Senate with amendments that were not accepted by the Commons. In contrast, fewer than one-quarter of that number of bills were lost for similar reasons in the sixty-year period from 1928 to 1987. The late 1980s and early 1990s was a period of contention. During this period, the Senate opposed legislation on issues such as the 1988 free trade bill with the US (forcing

7875-413: The Senate out of 94 sitting members (54.4%). The Senate has generally had a higher level of female representation than the House of Commons throughout history. The number of female senators equalled males for the first time ever on November 11, 2020, and surpassed males for the first time on October 2, 2022. There is some debate as to whether there is any requirement for the prime minister to advise

8000-467: The Senate rejected 75 bills in total. In December 2010, the Senate rejected Bill C-311 , involving greenhouse gas regulation that would have committed Canada to a 25 per cent reduction in emissions by 2020 and an 80 per cent reduction by 2050. The bill was passed by all the parties except the Conservatives in the House of Commons and was rejected by the majority Conservatives in the Senate on

8125-517: The Senate who are not members include the clerk, the deputy clerk, the law clerk, and several other clerks. These officers advise the speaker and members on the rules and procedure of the Senate. Another officer is the Usher of the Black Rod , whose duties include the maintenance of order and security within the Senate chamber. The Usher of the Black Rod bears a ceremonial black ebony staff, from which

8250-415: The Senate's internal economy committee required all senators to provide documents proving their residency in the provinces. There exists a constitutional provision—section 26 of the Constitution Act, 1867 —under which the sovereign may approve the appointment of four or eight extra senators, equally divided among the four regions. The approval is given by the monarch on the advice of the prime minister, and

8375-522: The Senate. On April 12, 2016, seven new senators were sworn in, including Prime Minister Justin Trudeau 's hand-picked Representative of the Government in the Senate , Peter Harder . A series of additional appointments were announced for October and November 2016 that would fill all vacancies. Once these senators were summoned, the independent non-aligned senators became more numerous than either of

8500-632: The Standing Joint Committee on the Scrutiny of Regulations, which considers delegated legislation, and the Standing Joint Committee on the Library of Parliament, which advises the two speakers on the management of the library. Parliament may also establish special joint committees on an ad hoc basis to consider issues of particular interest or importance. Although legislation may be introduced in either chamber, most bills originate in

8625-674: The Supreme Court to determine whether women were eligible to become senators. In the Persons Case , the court unanimously held that women could not become senators since they were not "qualified persons". On appeal, the Judicial Committee of the Privy Council ruled that women were persons, and four months later, Cairine Wilson was appointed to the senate. In the 1960s, discussion of reform appeared along with

8750-403: The UK Government. After protracted negotiations (that initially included New Zealand), six Australian colonies with responsible government (and their dependent territories) agreed to federate, along Canadian lines, becoming the Commonwealth of Australia in 1901. In South Africa, the Cape Colony became the first British self-governing Colony, in 1872. (Until 1893, the Cape Colony also controlled

8875-486: The United Kingdom act granting independence declared that such and such a territory "shall form part of Her Majesty's dominions", and so become part of the territory in which the Queen exercises sovereignty , not merely suzerainty . Under British nationality law , the status of "Dominion" ceased to exist on January 1, 1949, when it was decided that each Dominion would enact laws pertaining to its own citizenship. However, "Dominion status" itself never ceased to exist within

9000-654: The act states: "Whereas the Provinces of Canada, Nova Scotia, and New Brunswick have expressed their Desire to be federally united into One Dominion under the Crown of the United Kingdom of Great Britain and Ireland, with a Constitution similar in Principle to that of the United Kingdom   ..." Furthermore, Sections 3 and 4 indicate that the provinces "shall form and be One Dominion under the Name of Canada; and on and after that Day those Three Provinces shall form and be One Dominion under that Name accordingly". According to

9125-401: The appointment of senators to fill existing vacancies in 2014, arguing that the failure to do so violates the Constitution Act, 1867 . On July 24, 2015, Harper announced that he would not be advising the governor general to fill the 22 vacancies in the Senate, preferring that the provinces "come up with a plan of comprehensive reform or to conclude that the only way to deal with the status quo

9250-583: The approval of its own legislature, Britain suspended self-government in Newfoundland and instituted a " Commission of Government ", which continued until Newfoundland became a province of Canada in 1949. Canada, Australia, New Zealand, the Irish Free State, Newfoundland and South Africa (prior to becoming a republic and leaving the Commonwealth in 1961), with their large populations of European descent, were sometimes collectively referred to as

9375-538: The changes in the constitutional relationship between the countries that continued to share a common sovereign with the United Kingdom led to the upper case term Dominion falling out of use. The Dominions Office was formally changed to the Commonwealth Relations Office in 1947. The status of "Dominion" established by the Statute of Westminster in 1931 was capitalised to distinguish it from

9500-436: The colonies. For decades, the Dominions did not have their own embassies or consulates in foreign countries. International travel and commerce were transacted through British embassies and consulates. For example, matters concerning visas and lost or stolen passports of Dominion citizens were carried out at British diplomatic offices. In the late 1930s and early 1940s, Dominion governments established their own embassies,

9625-576: The creation of the Imperial War Cabinet in 1917, which gave them a say in the running of the war. Dominion status as self-governing states, as opposed to symbolic titles granted various British colonies, waited until 1919, when the self-governing Dominions signed the Treaty of Versailles independently of the British government and became individual members of the League of Nations. This ended

9750-586: The current provinces of Manitoba , Saskatchewan , and Alberta , and the three current territories, the Northwest Territories , Yukon and Nunavut . In 1871, the Crown Colony of British Columbia became a Canadian province, as did Prince Edward Island in 1873. Newfoundland , having become a Dominion itself in 1907, was restored to direct British rule in 1934, finally joining Canada in 1949 after referendums . The conditions under which

9875-552: The empire. The Colony of New Zealand , which chose not to take part in Australian federation, became the Dominion of New Zealand on 26 September 1907; Newfoundland became a Dominion on the same day. The Union of South Africa was referred to as a Dominion upon its creation in 1910. The initiatives and contributions of British colonies to the British war effort in the First World War were recognised by Britain with

10000-404: The end of the 43rd Parliament , only 20 per cent of senators were affiliated with a political party, all members of the Conservative caucus. Senators are organized into one of four recognized parliamentary groups (or caucuses), or are described as non-affiliated if they are members of none. Three of the parliamentary groups have weak to nonexistent patterns of party discipline and in lieu of

10125-548: The first place, the British North America Act of 1867 provided in Section 55 that the Governor General may reserve any legislation passed by the two Houses of Parliament for "the signification of Her Majesty's pleasure", which is determined according to Section 57 by the British Monarch in Council. Secondly, Section 56 provides that the Governor General must forward to "one of Her Majesty's Principal Secretaries of State" in London

10250-537: The first two of which were established by Australia and Canada in Washington, D.C. , in the United States. Until 1948 any resident of a British colony or Dominion had the status of British subject . In 1935 the Irish Nationality and Citizenship Act created a separate status of Irish national , but stopped short of creating a full citizenship. Canada was the first to create its own citizenship with

10375-625: The four separate Australian colonies— New South Wales , Tasmania , Western Australia , South Australia —and New Zealand could gain full responsible government were set out by the British government in the Australian Constitutions Act 1850 . The Act also separated the Colony of Victoria (in 1851) from New South Wales. During 1856, responsible government was achieved by New South Wales, Victoria, South Australia, and Tasmania, and New Zealand. The remainder of New South Wales

10500-545: The governor general is instructed to issue the necessary letters patent. This provision has been used only once: in 1990, when Prime Minister Brian Mulroney sought to ensure the passage of a bill creating the Goods and Services Tax (GST). The appointment of eight additional senators allowed a slight majority for the Progressive Conservative Party. There was one unsuccessful attempt to use Section 26, by Prime Minister Alexander Mackenzie in 1874. It

10625-672: The governor general to appoint new senators to fill vacancies as they arise. In 2014, Leader of the Opposition Tom Mulcair argued that there is no constitutional requirement to fill vacancies. Constitutional scholar Peter Hogg has commented that the courts "might be tempted to grant a remedy" if the refusal to recommend appointments caused the Senate to be diminished to such a degree that it could not do its work or serve its constitutional function. Vancouver lawyer Aniz Alani filed an application for judicial review of Prime Minister Stephen Harper 's apparent refusal to advise

10750-487: The greater scope of British law, because acts pertaining to "Dominion status", such as the Statute of Westminster 1931 , have not been repealed in both the United Kingdom and historic Dominions such as Canada. The term "within the crown's dominions" continues to apply in British law to those territories in which the British monarch remains head of state, and the term "self-governing dominion" is used in some legislation. When

10875-511: The intent when the formula was struck was to achieve a balance of regional interests and to provide a house of "sober second thought" to check the power of the lower house when necessary. Therefore, the most populous province (Ontario) and two western provinces that were low-population at their accession to the federation and that are within a region are under-represented, while the Maritimes are over-represented. For example, British Columbia, with

11000-428: The island "shall be annexed to and form part of His Majesty's dominions". Dominion status was formally accorded to Canada, Australia, New Zealand, Newfoundland, South Africa, and the Irish Free State at the 1926 Imperial Conference to designate "autonomous communities within the British Empire, equal in status, in no way subordinate one to another in any aspect of their domestic or external affairs, though united by

11125-606: The mid-19th century. The legislatures of Colonies with responsible government were able to make laws in all matters other than foreign affairs, defence and international trade, these being powers which remained with the Parliament of the United Kingdom . Nova Scotia soon followed by the Province of Canada (which included modern southern Ontario and southern Quebec ) were the first colonies to achieve responsible government, in 1848. Prince Edward Island followed in 1851, and New Brunswick and Newfoundland in 1855. All except for Newfoundland and Prince Edward Island agreed to form

11250-698: The modern Commonwealth of Nations (after which the former Dominions were often referred to as the Old Commonwealth ), finalised in 1949, the dominions became independent states, either as Commonwealth republics or Commonwealth realms . In 1925, the British government created the Dominion Office from the Colonial Office , although for the next five years they shared the same secretary in charge of both offices. "Dominion status"

11375-449: The more general sense of "within the crown's dominions". The phrase the crown's dominions or His/Her Majesty's dominions is a legal and constitutional phrase that refers to all the realms and territories of the British sovereign, whether independent or not. These territories include the United Kingdom and its colonies, including those that had become Dominions. Dependent territories that had never been annexed and were not colonies of

11500-554: The national population. In 2014, Liberal leader Justin Trudeau expelled all senators from the Liberal caucus and, as prime minister in 2016, created the Independent Advisory Board for Senate Appointment, both of which were attempts to make the Senate less partisan without requiring constitutional change. Members of the board include members from each jurisdiction where there is a vacancy. The board provides

11625-409: The new Liberal government announced a new merit-based appointment process, using specific new criteria as to eligibility for the Senate. Independent applicants, not affiliated with any political party, will be approved by a new five-member advisory board (to be in place by year end), a reform that was intended to begin eliminating the partisan nature of the Senate. At the time, there were 22 vacancies in

11750-583: The new, larger country. However, neither the Confederation nor the adoption of the title of "Dominion" granted extra autonomy or new powers to this new federal level of government. Senator Eugene Forsey wrote that the powers acquired since the 1840s that established the system of responsible government in Canada would simply be transferred to the new Dominion government: By the time of Confederation in 1867, this system had been operating in most of what

11875-416: The only ones to be assigned to specific districts within their province . This rule was adopted to ensure that both French- and English-speakers from Quebec were represented appropriately in the Senate. Like most other upper houses worldwide, the Canadian formula does not use representation by population as a primary criterion for member selection, since this is already done for the House of Commons. Rather,

12000-656: The party caucuses for the first time in the Senate's history. The independent senator group also grew to include over half the total number of senators. On December 12, 2018, the four remaining vacancies were filled in Nova Scotia, the Yukon, the Northwest Territories and Ontario. With these appointments, the Senate had a full complement of senators for the first time in over eight years. Since December 2018, additional senators have retired, resigned or died so

12125-651: The past, the residency requirement has often been interpreted liberally, with virtually any holding that met the property qualification, including primary residences, second residences, summer homes, investment properties, and undeveloped lots, having been deemed to meet the residency requirement; as long as the senator listed a qualifying property as a residence, no further efforts have typically been undertaken to verify whether they actually resided there in any meaningful way. Residency has come under increased scrutiny, particularly as several senators have faced allegations of irregularities in their housing expense claims. In 2013,

12250-483: The phasing out of the use of Dominion , which had been used largely as a synonym of "federal" or "national" such as "Dominion building" for a post office, "Dominion-provincial relations", and so on. The last major change was renaming the national holiday from Dominion Day to Canada Day in 1982. Official bilingualism laws also contributed to the disuse of Dominion , as it has no acceptable equivalent in French. While

12375-402: The power of the Senate is not merely a matter of convention but is explicitly stated in the Constitution Act, 1867 . In addition, the House of Commons may, in effect, override the Senate's refusal to approve an amendment to the Canadian constitution; however, they must wait at least 180 days before exercising this override. Other than these two exceptions, the power of the two Houses of Parliament

12500-462: The province's Senate seats. These elections, however, are not held pursuant to any federal constitutional or legal provision; thus, the prime minister is not required to recommend the nominees for appointment. Only three senators-in-waiting have been appointed to the Senate: the first was Stan Waters , who was appointed in 1990 on the recommendation of Brian Mulroney; the second was Bert Brown , elected

12625-515: The pupils of the British public schools Eton and Harrow . Senate of Canada The Senate of Canada ( Quebec French : Sénat du Canada ) is the upper house of the Parliament of Canada . Together with the Crown and the House of Commons , they compose the bicameral legislature of Canada. The Senate is modelled after the British House of Lords with members appointed by

12750-473: The purely colonial status of the Dominions. The Irish Free State , set up in 1922 after the Anglo-Irish War , was the third Dominion to appoint a non-UK born, non-aristocratic Governor-General when Timothy Michael Healy , following the tenures of Sir Gordon Drummond in Canada and of Sir Walter Edward Davidson and Sir William Allardyce in Newfoundland, took the position in 1922. Dominion status

12875-401: The right to vote in the same manner as any other. As of the 44th Parliament , Senator Raymonde Gagné presides as Speaker of the Senate. The senator responsible for steering legislation through the Senate is the representative of the Government in the Senate , who is a senator selected by the prime minister and whose role is to introduce legislation on behalf of the government. The position

13000-554: The self-governing countries was recognised in the Imperial Conference of 1907 which, on the motions of the Prime Ministers of Canada and Australia, introduced the idea of the Dominions as self-governing countries by referring to Canada and Australia as Dominions. It also retired the name "Colonial Conference" and mandated that meetings take place regularly to consult the Dominions in running the foreign affairs of

13125-420: The self-governing polities of Canada and the Commonwealth of Australia were referred to collectively as Dominions for the first time. Two other self-governing colonies — New Zealand and Newfoundland —were granted the status of Dominion in the same year. These were followed by the Union of South Africa in 1910. The Order in Council annexing the island of Cyprus in 1914 declared that, from 5 November 1914,

13250-578: The separate Colony of Natal .) Following the Second Boer War (1899–1902), the British Empire assumed direct control of the Boer Republics , but transferred limited self-government to Transvaal in 1906, and the Orange River Colony in 1907. The Commonwealth of Australia was recognised as a Dominion in 1901, and the Dominion of New Zealand and the Dominion of Newfoundland were officially given Dominion status in 1907, followed by

13375-461: The speaker pro tempore presides instead. Furthermore, the Parliament of Canada Act authorizes the speaker to appoint another senator to temporarily serve. Muriel McQueen Fergusson was the Parliament of Canada's first female speaker, holding the office from 1972 to 1974. The speaker presides over sittings of the Senate and controls debates by calling on members to speak. Senators may raise

13500-564: The strength of the parties in the whole Senate. These committees have been struck to study bills (e.g., the Special Senate Committee on Bill C-36 (the Anti-terrorism Act ), 2001) or particular issues of concern (e.g., the Special Senate Committee on Illegal Drugs). Other committees include joint committees, which include both members of the House of Commons and senators. There are currently two joint committees:

13625-533: The term may be found in older official documents, and the Dominion Carillonneur still tolls at Parliament Hill , it is now hardly used to distinguish the federal government from the provinces or (historically) Canada before and after 1867. Nonetheless, the federal government continues to produce publications and educational materials that specify the currency of these official titles. The Constitution Act, 1982 does not mention and does not remove

13750-571: The title "black rod" arises. This position is roughly analogous to that of the sergeant-at-arms in the House of Commons , but the Usher's duties are more ceremonial in nature. The responsibility for security and the infrastructure lie with the director general of Parliamentary Precinct Services. The Parliament of Canada uses committees for a variety of purposes. Committees consider bills in detail and can make amendments. Other committees scrutinize various government agencies and ministries. The largest of

13875-435: The title, and therefore a constitutional amendment may be required to change it. The word Dominion has been used with other agencies, laws, and roles: Notable Canadian corporations and organisations (not affiliated with government) that have used Dominion as a part of their name have included: Ceylon , which, as a Crown colony, was originally promised "fully responsible status within the British Commonwealth of Nations",

14000-419: The transition of the British Empire into the Commonwealth of Nations after World War II, it was decided that the term Commonwealth country should formally replace dominion for official Commonwealth usage. This decision was made during the 1949 Commonwealth Prime Ministers' Conference when India was intending to become a republic , so that both types of governments could become and remain full members of

14125-575: The various colonies they incorporated could have done separately. They provided a new model which politicians in New Zealand, Newfoundland, South Africa, Ireland, India, Malaysia could point to for their own relationship with Britain. Ultimately, "[Canada's] example of a peaceful accession to independence with a Westminster system of government came to be followed by 50 countries with a combined population of more than 2-billion people." Issues of colonial self-government spilled into foreign affairs with

14250-561: The way in which fundamental constitutional rules have evolved through the interaction of constitutional convention, international law, and municipal statute and case law. What was significant about the creation of the Canadian and Australian federations was not that they were instantly granted wide new powers by the Imperial centre at the time of their creation; but that they, because of their greater size and prestige, were better able to exercise their existing powers and lobby for new ones than

14375-584: The will of the House of Commons. In 2008 the Canadian Heraldic Authority granted the Senate, as an institution, a coat of arms composed of a depiction of the chamber's mace (representing the monarch's authority in the upper chamber) behind the escutcheon of the Arms of Canada . Discussion of Senate reform dates back to at least 1874, but to date there has been little meaningful change. In 1927, The Famous Five Canadian women asked

14500-522: The wishes of the opposition and officials in London. The governments of the states (colonies before 1901) remained under the Commonwealth but retained links to the UK until the passage of the Australia Act 1986 . The term Dominion is employed in the Constitution Act, 1867 (originally the B ritish North America Act, 1867 ), and describes the resulting political union. Specifically, the preamble of

14625-419: Was conferred on the Colony of Virginia about 1660 and on the Dominion of New England in 1686. Under the British North America Act, 1867 , the partially self-governing colonies of British North America were united into the Dominion of Canada. The new federal and provincial governments split considerable local powers, but Britain retained overall legislative supremacy. At the 1907 Imperial Conference ,

14750-568: Was created in 2016 to replace the former position of leader of the Government in the Senate. The opposition equivalent is the leader of the Opposition in the Senate is selected by the leader of the Official Opposition . However, if the Official Opposition in the Commons is a different party than the Official Opposition in the Senate (as was the case from 2011 to 2015), then the Senate party chooses its own leader. Officers of

14875-499: Was denied by Queen Victoria , on the advice of the British Cabinet. The clause does not result in a permanent increase in the number of Senate seats, however. Instead, an attrition process is applied by which senators leaving office through normal means are not replaced until after their province has returned to its normal number of seats. Since 1989, the voters of Alberta have elected "senators-in-waiting" , or nominees for

15000-542: Was divided in three in 1859, a change that established most of the present borders of NSW; the Colony of Queensland , with its own responsible self-government, and the Northern Territory (which was not granted self-government prior to federation of the Australian Colonies). Western Australia did not receive self-government until 1891, mainly because of its continuing financial dependence on

15125-417: Was first accorded to Canada , Australia , New Zealand , Newfoundland , South Africa , and the Irish Free State at the 1926 Imperial Conference through the Balfour Declaration of 1926 , recognising Great Britain and the Dominions as "autonomous communities within the British Empire, equal in status, in no way subordinate one to another in any aspect of their domestic or external affairs, though united by

15250-480: Was given formal legal recognition in 1942 (when the Statute of Westminster was adopted retroactively to the commencement of the Second World War in 1939). In 1930, the Australian prime minister, James Scullin , reinforced the right of the overseas Dominions to appoint native-born governors-general, when he advised King George V to appoint Sir Isaac Isaacs as his representative in Australia, against

15375-547: Was marked by political and legal subjugation to British Imperial supremacy in all aspects of government—legislative, judicial, and executive. The Imperial Parliament at Westminster could legislate on any matter to do with Canada and could override any local legislation, the final court of appeal for Canadian litigation lay with the Judicial Committee of the Privy Council in London, the Governor General had

15500-484: Was never popular in the Irish Free State where people saw it as a face-saving measure for a British government unable to countenance a republic in what had previously been the United Kingdom of Great Britain and Ireland . Successive Irish governments undermined the constitutional links with the United Kingdom. In 1937 Ireland, as it renamed itself, adopted a new republican constitution that included powers for

15625-790: Was referred to as a colony of the United Kingdom, as for example, in the 1927 reference to the Judicial Committee of the Privy Council to delineate the Quebec-Labrador boundary. Full autonomy was granted by the United Kingdom parliament with the Statute of Westminster in December 1931. By the request of Australia and New Zealand, the Statute of Westminster was not applied automatically to those two Dominions until their own parliaments confirmed it. Being economically close to Britain and dependent on it for defence, they did not do so until 1942 for Australia and 1947 for New Zealand . In 1934, following Newfoundland's economic collapse, and with

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