Updating some antiquated constitutional provisions relating to the Senate.

The Constitution Act, 1867 (formerly called the British North America Act, 1867) contains a number of sections which relate to the management of the Senate and many are clearly in need of an update. This article highlights certain sections of the Act in need of revision. In the author's opinion such revisions do not require provincial approval as they relate to matters parliament alone can deal with under section 44 of the Constitution Act, 1982.

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Parliament and the agencies of government often undertake a review of statutory law with a view to revising provisions which are outdated, inconsistent or need improvement to ensure that they respond to the changing needs of society. Constitutional law and certainly the provisions thereof which fall within the legislative authority of parliament should be treated no differently. All the more so if content may pre-date Confederation and contains language which is no longer in use and requirements which do not serve any public purpose.

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