Parliament has the power to provide for the representation of territories in the Senate by virtue of section 1 of the Constitution Act, 1886 and section 44 of the Constitution Act, 1982.
After Alberta and Saskatchewan were created in 1905, the territories would not have Senate representation until the enactment of the Constitution Act, 1975 (No 2), which gave one seat to the Northwest Territories and one seat to the Yukon.
The Constitution Act, 1975 (No 2) and now the Constitution Act, 1999 (Nunavut) adapt the qualifications under section 23 of the Constitution Act, 1867 for those representing the territories so that they could fulfill their real property requirement and be resident in their territory.
[1] Nunavut Senator Dennis Patterson has proposed the repeal of the real property qualification with the aim of increasing the number of residents of Nunavut qualified to be summoned to the Senate by the Governor General.
After the creation of Alberta and Saskatchewan in 1905, however, the territories were not represented in the Senate until 1975.