Appointment of Extra Senators under Section 26 of the British North America Act

Extract

The present party standing in the Senate is sixty-five Liberals and twenty-six Progressive Conservatives, with five seats vacant. Since the Bennett government left office, thirty-seven Conservative Senators have died or resigned, eleven of them in the last three years alone. As the Progressive Conservatives are, for the most part, among the oldest Senators, it is by no means impossible that, if the Liberals retain office a few years longer, a succeeding Progressive Conservative government may find itself without a single supporter in the Senate. A C.C.F. government would, of course, inevitably be in the same position.

Clearly, any government must have some supporters in the Upper House, if only to move and second its legislation. Would there be any way out of the difficulty short of an amendment to the British North America Act?

The answer would seem to be yes. Normally the Senate is limited to ninety-six. But Section 26 of the British North America Act provides that “If, at any Time, on the Recommendation of the Governor-General, the King thinks fit to direct that four or eight Members be added to the Senate, the Governor-General may by Summons to four or eight qualified Persons (as the case may be), representing equally the four Divisions of Canada, add to the Senate accordingly.” Sections 27 and 28 add: “27. In case of such Addition being at any Time made the Governor-General … shall not summon any Person to the Senate, except on a further like Direction by the King on the like Recommendation, to represent one of the four Divisions until such Division is represented by Twenty-four Senators and no more. 28. The Number of Senators shall not at any Time exceed one hundred and four.” There can be little doubt that a government in the position just described would advise appointment of at least four extra Senators; and there can be equally little doubt that the advice would be accepted.