House of Commons, Committee on Procedure and House Affairs

The letter · 30 September 2026

Brief for the Standing Committee on Procedure and House Affairs: the oath of a Member under section 128 and the Fifth Schedule of the Constitution Act, 1867, with a request for a study

Hello,

Danilo Dzyuban, Ottawa. This is a brief for the Standing Committee on Procedure and House Affairs. It carries a request that the Committee undertake a study under Standing Order 108(3)(a). The text follows.

BRIEF TO THE STANDING COMMITTEE ON PROCEDURE AND HOUSE AFFAIRS

The oath of a Member: allegiance runs one way

Submitted by Danilo Dzyuban, Ottawa, Ontario
30 September 2026

SUMMARY

Every Member of the House of Commons takes a seat on an oath whose object is defined by the throne of another country. Section 128 of the Constitution Act, 1867 requires the oath in the Fifth Schedule. The Fifth Schedule reads: "I A.B. do swear, That I will be faithful and bear true Allegiance to Her Majesty Queen Victoria." Its note reads: "The Name of the King or Queen of the United Kingdom of Great Britain and Ireland for the Time being is to be substituted from Time to Time, with proper Terms of Reference thereto."

Since 9 December 2022 the Members of the National Assembly of Quebec sit on an oath to the people of Quebec alone. This brief sets out the record and 3 recommendations.

THE TEXT

Section 128 of the Constitution Act, 1867 provides that every Member of the Senate or House of Commons "shall before taking his Seat therein take and subscribe before the Governor General or some Person authorized by him" the "Oath of Allegiance contained in the Fifth Schedule to this Act". The same section binds every Member of a provincial legislature before the Lieutenant Governor.

The Fifth Schedule names Queen Victoria, and its note substitutes "the King or Queen of the United Kingdom of Great Britain and Ireland for the Time being". By its own terms the oath of a Member of the House of Commons of Canada runs to the holder of the throne of the United Kingdom.

THE PERSON

In Motard, 2019 QCCA 1826, the Court of Appeal of Quebec held that whoever is King of the United Kingdom is King of Canada. The Supreme Court of Canada declined to hear an appeal.

THE PRECEDENT OF A LEGISLATURE

On 9 December 2022 the National Assembly of Quebec passed Bill 4 and the Lieutenant Governor assented to it the same day. The Act, S.Q. 2022, c. 30, recognizes the oath in the Act respecting the National Assembly as the sole oath required to sit in the Assembly. Schedule I of that Act reads: "I, (name of the Member), declare under oath that I will be loyal to the people of Québec and that I will perform the duties of Member honestly and justly in conformity with the constitution of Québec." Members of the National Assembly sit today on that oath alone.

On 26 October 2022 the House negatived, 266 to 44, a motion of the Bloc Québécois to sever ties between the Canadian State and the British monarchy, in Vote No. 199.

THE RECORD OF 2025 AND 2026

The Member swears to the King. The record shows no reciprocal undertaking to Canada.

RECOMMENDATIONS

1. That the Committee undertake a study, under Standing Order 108(3)(a), of the oath taken by Members under section 128 and the Fifth Schedule of the Constitution Act, 1867.

2. That the Committee obtain the opinion of the Law Clerk and Parliamentary Counsel on which procedure in Part V of the Constitution Act, 1982 applies to an amendment of section 128 and the Fifth Schedule as they apply to the House of Commons, and report that opinion to the House. The opinion states whether the House may provide, as the National Assembly of Quebec did on 9 December 2022, that an oath to Canada is the sole oath required to sit.

3. That the Committee recommend to the House an oath in these words: "I, A.B., do swear (or solemnly affirm) that I will be faithful and bear true allegiance to Canada and to its Constitution, and that I will perform the duties of a Member honestly and justly."

The record, with its sources and a checksum for each capture, is published under my name at https://dzyuban.com/reformation/.

WHAT YOU ARE TO DO

Distribute this brief to the members of the Committee and confirm the date of distribution in writing. Place the request for a study before the Chair for the next meeting on committee business, and state that date in writing. Answer by 14 October 2026, with a name and a title. The answer, or its absence, is recorded with its date at https://dzyuban.com/reformation/.

Respectfully,
Danilo Dzyuban
SOURCES

Constitution Act, 1867, section 128 and the Fifth Schedule: https://laws-lois.justice.gc.ca/eng/const/FullText.html
Motard c. Procureur général du Canada, 2019 QCCA 1826
National Assembly of Quebec, Bill 4 (43rd Legislature, 1st Session): https://www.assnat.qc.ca/en/travaux-parlementaires/projets-loi/projet-loi-4-43-1.html
Act respecting the National Assembly, CQLR c. A-23.1, section 15 and Schedule I: https://www.legisquebec.gouv.qc.ca/en/document/cs/A-23.1
House of Commons, Vote No. 199, 26 October 2022: https://openparliament.ca/votes/44-1/199/