30 & 31 Victoria, c. 3. (U.K.)
(Consolidated with amendments)
An Act for the Union of Canada, Nova Scotia, and New Brunswick, and the Government thereof; and for Purposes connected therewith
(29th March 1867)
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:
And whereas such a Union would conduce to the Welfare of the Provinces and promote the Interests of the British Empire:
And whereas on the Establishment of the Union by Authority of Parliament it is expedient,
not only that the Constitution of the Legislative Authority in the Dominion be provided for,
but also that the Nature of the Executive Government therein be declared:
And whereas it is expedient that Provision be made for the eventual Admission into the Union of other Parts of British North America:(1)
I. PRELIMINARY
Short title 1. This Act may be cited as the Constitution Act, 1867.(2)
2. Repealed.(3)
II. UNION
Declaration of 3. It shall be lawful for the Queen, by and with the Advice of Her Majesty’s Most Hon-
Union
ourable Privy Council, to declare by Proclamation that, on and after a Day therein appointed, not being more than Six Months after the passing of this Act, the Provinces of Canada, Nova Scotia, and New Brunswick shall form and be One Dominion under the Name of Canada;
(1) The enacting clause was repealed by the Statute Law Revision Act, 1893, 56-57 Vict., c. 14 (U.K.). It read as follows:
Be it therefore enacted and declared by the Queen’s most Excellent Majesty, by and with the Advice and Consent of the
Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, as
follows:
2. The Provisions of this Act referring to Her Majesty the Queen extend also to the Heirs and Successors of Her Majesty, Kings and Queens of the United Kingdom of Great Britain and Ireland.
and on and after that Day those Three Provinces shall form and be One Dominion under that Name accordingly.(4)
Construction of 4. Unless it is otherwise expressed or implied, the Name Canada shall be taken to mean
subsequent
Provisions of Act Canada as constituted under this Act.(5)
Four Provinces 5. Canada shall be divided into Four Provinces, named Ontario, Quebec, Nova Scotia, and New Brunswick.(6)
The first territories added to the Union were Rupert’s Land and the North-Western Territory, (subsequently designated the Northwest Territories), which were admitted pursuant to section 146 of the Constitution Act, 1867 and the Rupert’s Land Act, 1868, 31-32 Vict., c. 105 (U.K.), by the Rupert’s Land and North-Western Territory Order of June 23, 1870, effective July 15, 1870. Prior to the admission of those territories the Parliament of Canada enacted An Act for the temporary Government of Rupert’s Land and the North-Western Territory when united with Canada (32-33 Vict., c. 3), and the Manitoba Act, 1870, (33 Vict., c. 3), which provided for the formation of the Province of Manitoba
British Columbia was admitted into the Union pursuant to section 146 of the Constitution Act, 1867, by the British Columbia Terms of Union, being Order in Council of May 16, 1871, effective July 20, 1871.
Prince Edward Island was admitted pursuant to section 146 of the Constitution Act, 1867, by the Prince Edward Island Terms of Union, being Order in Council of June 26, 1873, effective July 1, 1873.
On June 29, 1871, the United Kingdom Parliament enacted the Constitution Act, 1871 (34-35 Vict., c. 28) authorizing the creation of additional provinces out of territories not included in any province. Pursuant to this statute, the Parliament of Canada enacted the Alberta Act, (July 20, 1905, 4-5 Edw. VII, c. 3) and the Saskatchewan Act, (July 20, 1905, 4-5 Edw. VII, c. 42), providing for the creation of the provinces of Alberta and Saskatchewan, respectively. Both these Acts came into force on Sept. 1, 1905.
Meanwhile, all remaining British possessions and territories in North America and the islands adjacent thereto, except the colony of Newfoundland and its dependencies, were admitted into the Canadian Confederation by the Adjacent Territories Order, dated July 31, 1880.
The Parliament of Canada added portions of the Northwest Territories to the adjoining provinces in 1912 by The Ontario Boundaries Extension Act, S.C. 1912, 2 Geo. V, c. 40, The Quebec Boundaries Extension Act, 1912, 2 Geo. V, c. 45 and The Manitoba Boundaries Extension Act, 1912, 2 Geo. V, c. 32, and further additions were made to Manitoba by The Manitoba Boundaries Extension Act, 1930, 20-21 Geo. V, c. 28.
The Yukon Territory was created out of the Northwest Territories in 1898 by The Yukon Territory Act, 61 Vict., c. 6, (Canada).
Newfoundland was added on March 31, 1949, by the Newfoundland Act, (U.K.), 12-13 Geo. VI, c. 22, which ratified the Terms of Union of Newfoundland with Canada.
Provinces of 6. The Parts of the Province of Canada (as it exists at the passing of this Act) which
Ontario and
Quebec formerly constituted respectively the Provinces of Upper Canada and Lower Canada shall be deemed to be severed, and shall form Two separate Provinces. The Part which formerly constituted the Province of Upper Canada shall constitute the Province of Ontario; and the Part which formerly constituted the Province of Lower Canada shall constitute the Province of Quebec.
Provinces of 7. The Provinces of Nova Scotia and New Brunswick shall have the same Limits as at
Nova Scotia and
New Brunswick the passing of this Act.
Decennial 8. In the general Census of the Population of Canada which is hereby required to be taken
Census
in the Year One thousand eight hundred and seventy-one, and in every Tenth Year thereafter, the respective Populations of the Four Provinces shall be distinguished.
III. EXECUTIVE POWER Declaration of 9. The Executive Government and Authority of and over Canada is hereby declared to
Executive Power
in the Queen continue and be vested in the Queen.
Application of 10. The Provisions of this Act referring to the Governor General extend and apply to the
Provisions
referring to Governor General for the Time being of Canada, or other the Chief Executive Officer or
Governor
Administrator for the Time being carrying on the Government of Canada on behalf and in
General
the Name of the Queen, by whatever Title he is designated. Constitution of 11. There shall be a Council to aid and advise in the Government of Canada, to be styled
Privy Council for
Canada the Queen’s Privy Council for Canada; and the Persons who are to be Members of that Council shall be from Time to Time chosen and summoned by the Governor General and sworn in as Privy Councillors, and Members thereof may be from Time to Time removed by the Governor General.
All Powers under 12. All Powers, Authorities, and Functions which under any Act of the Parliament of
Acts to be
exercised by Great Britain, or of the Parliament of the United Kingdom of Great Britain and Ireland, or
Governor
of the Legislature of Upper Canada, Lower Canada, Canada, Nova Scotia, or New
General with
Advice of Privy Brunswick, are at the Union vested in or exerciseable by the respective Governors or Lieu-
Council, or alone
tenant Governors of those Provinces, with the Advice, or with the Advice and Consent, of the respective Executive Councils thereof, or in conjunction with those Councils, or with any Number of Members thereof, or by those Governors or Lieutenant Governors individually, shall, as far as the same continue in existence and capable of being exercised after the Union in relation to the Government of Canada, be vested in and exerciseable by the Governor General, with the Advice or with the Advice and Consent of or in conjunction with the Queen’s Privy Council for Canada, or any Members thereof, or by the Governor General individually, as the Case requires, subject nevertheless (except with respect to such as exist under Acts of the Parliament of Great Britain or of the Parliament of the United Kingdom of Great Britain and Ireland) to be abolished or altered by the Parliament of Canada.(7)
Nunavut was created out of the Northwest Territories in 1999 by the Nunavut Act, S.C. 1993, c. 28.
(7) See the note to section 129, infra.
Application of 13. The Provisions of this Act referring to the Governor General in Council shall be
Provisions
referring to construed as referring to the Governor General acting by and with the Advice of the Queen’s
Governor
Privy Council for Canada.
General in Council
Power to Her 14. It shall be lawful for the Queen, if Her Majesty thinks fit, to authorize the Governor
Majesty to
authorize General from Time to Time to appoint any Person or any Persons jointly or severally to be
Governor
his Deputy or Deputies within any Part or Parts of Canada, and in that Capacity to exercise
General to
appoint Deputies during the Pleasure of the Governor General such of the Powers, Authorities, and Functions of the Governor General as the Governor General deems it necessary or expedient to assign to him or them, subject to any Limitations or Directions expressed or given by the Queen; but the Appointment of such a Deputy or Deputies shall not affect the Exercise by the Governor General himself of any Power, Authority, or Function.
Command of 15. The Command-in-Chief of the Land and Naval Militia, and of all Naval and Military
Armed Forces to
continue to be Forces, of and in Canada, is hereby declared to continue and be vested in the Queen.
vested in the Queen
Seat of 16. Until the Queen otherwise directs, the Seat of Government of Canada shall be Ottawa.
Government of Canada
IV. LEGISLATIVE POWER
Constitution of 17. There shall be One Parliament for Canada, consisting of the Queen, an Upper House
Parliament of
Canada styled the Senate, and the House of Commons.
Privileges, etc., 18. The privileges, immunities, and powers to be held, enjoyed, and exercised by the
of Houses
Senate and by the House of Commons, and by the members thereof respectively, shall be such as are from time to time defined by Act of the Parliament of Canada, but so that any Act of the Parliament of Canada defining such privileges, immunities, and powers shall not confer any privileges, immunities, or powers exceeding those at the passing of such Act held, enjoyed, and exercised by the Commons House of Parliament of the United Kingdom of Great Britain and Ireland, and by the members thereof.(8)
First Session of 19. The Parliament of Canada shall be called together not later than Six Months after the
the Parliament of Canada Union.(9)
20. Repealed.(10)
The Senate
Number of 21. The Senate shall, subject to the Provisions of this Act, consist of One Hundred and
Senators
five Members, who shall be styled Senators.(11) Representation 22. In relation to the Constitution of the Senate Canada shall be deemed to consist of
of Provinces in
Senate Four Divisions:
which Four Divisions shall (subject to the Provisions of this Act) be equally represented in the Senate as follows: Ontario by twenty-four senators; Quebec by twenty-four senators; the Maritime Provinces and Prince Edward Island by twenty-four senators, ten thereof representing Nova Scotia, ten thereof representing New Brunswick, and four thereof representing Prince Edward Island; the Western Provinces by twenty-four senators, six thereof representing Manitoba, six thereof representing British Columbia, six thereof representing Saskatchewan, and six thereof representing Alberta; Newfoundland shall be entitled to be represented in the Senate by six members; the Yukon Territory, the Northwest Territories and Nunavut shall be entitled to be represented in the Senate by one member each.
(10) Section 20, repealed by the Constitution Act, 1982, read as follows:
20. There shall be a Session of the Parliament of Canada once at least in every Year, so that Twelve Months shall not intervene between the last Sitting of the Parliament in one Session and its first sitting in the next Session.
Section 20 has been replaced by section 5 of the Constitution Act, 1982, which provides that there shall be a sitting of Parliament at least once every twelve months.
(11) As amended by the Constitution Act, 1915, 5-6 Geo. V, c. 45 (U.K.) and modified by the Newfoundland Act, 12-13 Geo. VI, c. 22 (U.K.), the Constitution Act (No. 2), 1975, S.C. 1974-75-76, c. 53, and the Constitution Act, 1999 (Nunavut), S.C. 1998, c. 15, Part 2. The original section read as follows:
21. The Senate shall, subject to the Provisions of this Act, consist of Seventy-two Members, who shall be styled Senators.
The Manitoba Act, 1870, added two for Manitoba; the British Columbia Terms of Union added three; upon admission of Prince Edward Island four more were provided by section 147 of the Constitution Act, 1867; the Alberta Act and the Saskatchewan Act each added four. The Senate was reconstituted at 96 by the Constitution Act, 1915. Six more Senators were added upon union with Newfoundland, and one Senator each was added for the Yukon Territory and the Northwest Territories by the Constitution Act (No. 2), 1975. One Senator was added for Nunavut by the Constitution Act, 1999 (Nunavut).
In the Case of Quebec each of the Twenty-four Senators representing that Province shall | ||
---|---|---|
be appointed for One of the Twenty-four Electoral Divisions of Lower Canada specified in | ||
Schedule A. to Chapter One of the Consolidated Statutes of Canada.(12) | ||
Qualifications of Senator | 23. The Qualifications of a Senator shall be as follows: | |
(1) | He shall be of the full age of Thirty Years: | |
(2) | He shall be either a natural-born Subject of the Queen, or a Subject of the Queen | |
naturalized by an Act of the Parliament of Great Britain, or of the Parliament of the | ||
United Kingdom of Great Britain and Ireland, or of the Legislature of One of the | ||
Provinces of Upper Canada, Lower Canada, Canada, Nova Scotia, or New | ||
Brunswick, before the Union, or of the Parliament of Canada after the Union: | ||
(3) | He shall be legally or equitably seised as of Freehold for his own Use and Benefit of Lands or Tenements held in Free and Common Socage, or seised or possessed for | |
his own Use and Benefit of Lands or Tenements held in Franc-alleu or in Roture, | ||
within the Province for which he is appointed, of the Value of Four thousand Dollars, | ||
over and above all Rents, Dues, Debts, Charges, Mortgages, and Incumbrances due | ||
or payable out of or charged on or affecting the same: | ||
(4) | His Real and Personal Property shall be together worth Four thousand Dollars over | |
and above his Debts and Liabilities: | ||
(5) | He shall be resident in the Province for which he is appointed: | |
(6) | In the Case of Quebec he shall have his Real Property Qualification in the Electoral | |
Division for which he is appointed, or shall be resident in that Division.(13) | ||
Summons of Senator | 24. The Governor General shall from Time to Time, in the Queen’s Name, by Instrument under the Great Seal of Canada, summon qualified Persons to the Senate; and, subject to the |
(12) As amended by the Constitution Act, 1915, 5-6 Geo. V, c. 45 (U.K.), the Newfoundland Act, 12-13 Geo. VI, c. 22 (U.K.), and the Constitution Act (No. 2), 1975, S.C. 1974-75-76, c. 53 and the Constitution Act, 1999 (Nunavut), S.C. 1998, c. 15, Part 2. The original section read as follows:
22. In relation to the Constitution of the Senate, Canada shall be deemed to consist of Three Divisions:
3. The Maritime Provinces, Nova Scotia and New Brunswick; which Three Divisions shall (subject to the Provisions of this Act) be equally represented in the Senate as follows: Ontario by Twenty-four Senators; Quebec by Twenty-four Senators; and the Maritime Provinces by Twenty-four Senators, Twelve thereof representing Nova Scotia, and Twelve thereof representing New Brunswick.
In the case of Quebec each of the Twenty-four Senators representing that Province shall be appointed for One of the Twenty-four Electoral Divisions of Lower Canada specified in Schedule A. to Chapter One of the Consolidated Statutes of Canada.
(13) Section 44 of the Constitution Act, 1999 (Nunavut), S.C. 1998, c. 15, Part 2, provided that, for the purposes of that Part, (which added one Senator for Nunavut) the word “Province” in section 23 of the Constitution Act, 1867, has the same meaning as is assigned to the word “province” by section 35 of the Interpretation Act, R.S.C. 1985, c. I-21, which provides that the term “province” means “a province of Canada, and includes the Yukon Territory, the Northwest Territories and Nunavut”.
Provisions of this Act, every Person so summoned shall become and be a Member of the Senate and a Senator.
25. Repealed.(14)
Addition of 26. If at any Time on the Recommendation of the Governor General the Queen thinks fit
Senators in
certain cases 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.(15)
Reduction of 27. In case of such Addition being at any Time made, the Governor General shall not
Senate to normal
Number summon any Person to the Senate, except on a further like Direction by the Queen on the like Recommendation, to represent one of the Four Divisions until such Division is represented by Twenty-four Senators and no more.(16)
Maximum 28. The Number of Senators shall not at any Time exceed One Hundred and thirteen.(17)
Number of Senators
Tenure of Place 29. (1) Subject to subsection (2), a Senator shall, subject to the provisions of this Act,
in Senate
hold his place in the Senate for life.
Retirement upon (2) A Senator who is summoned to the Senate after the coming into force of this subsec
attaining age of
seventy-five tion shall, subject to this Act, hold his place in the Senate until he attains the age of
years
seventy-five years.(18)
Section 2 of the Constitution Act (No. 2), 1975, S.C. 1974-75-76, c. 53, provided that for the purposes of that Act (which added one Senator each for the Yukon Territory and the Northwest Territories) the term “Province” in section 23 of the Constitution Act, 1867, has the same meaning as is assigned to the term “province” by section 28 of the Interpretation Act, R.S.C. 1970, c. I-23, which provides that the term “province” means “a province of Canada, and includes the Yukon Territory and the Northwest Territories”.
29. A Senator shall, subject to the Provisions of this Act, hold his Place in the Senate for Life.
Resignation of 30. A Senator may by Writing under his Hand addressed to the Governor General resign
Place in Senate
his Place in the Senate, and thereupon the same shall be vacant. Disqualification 31. The Place of a Senator shall become vacant in any of the following Cases:
of Senators
Summons on 32. When a Vacancy happens in the Senate by Resignation, Death, or otherwise, the
Vacancy in
Senate Governor General shall by Summons to a fit and qualified Person fill the Vacancy. Questions as to 33. If any Question arises respecting the Qualification of a Senator or a Vacancy in the
Qualifications
and Vacancies in Senate the same shall be heard and determined by the Senate.
Senate
Appointment of 34. The Governor General may from Time to Time, by Instrument under the Great Seal
Speaker of
Senate of Canada, appoint a Senator to be Speaker of the Senate, and may remove him and appoint another in his Stead.(19)
Quorum of 35. Until the Parliament of Canada otherwise provides, the Presence of at least Fifteen
Senate
Senators, including the Speaker, shall be necessary to constitute a Meeting of the Senate for the Exercise of its Powers.
Voting in Senate 36. Questions arising in the Senate shall be decided by a Majority of Voices, and the Speaker shall in all Cases have a Vote, and when the Voices are equal the Decision shall be deemed to be in the Negative.
The House of Commons
Constitution of 37. The House of Commons shall, subject to the Provisions of this Act, consist of three
House of
Commons in hundred and eight members of whom one hundred and six shall be elected for Ontario,
Canada
seventy-five for Quebec, eleven for Nova Scotia, ten for New Brunswick, fourteen for Manitoba, thirty-six for British Columbia, four for Prince Edward Island, twenty-eight for
Alberta, fourteen for Saskatchewan, seven for Newfoundland, one for the Yukon Territory, one for the Northwest Territories and one for Nunavut.(20)
Summoning of House of Commons | 38. The Governor General shall from Time to Time, in the Queen’s Name, by Instrument under the Great Seal of Canada, summon and call together the House of Commons. |
---|---|
Senators not to sit in House of Commons | 39. A Senator shall not be capable of being elected or of sitting or voting as a Member of the House of Commons. |
Electoral districts of the four Provinces | 40. Until the Parliament of Canada otherwise provides, Ontario, Quebec, Nova Scotia, and New Brunswick shall, for the Purposes of the Election of Members to serve in the House |
of Commons, be divided into Electoral Districts as follows: | |
1. ONTARIO | |
Ontario shall be divided into the Counties, Ridings of Counties, Cities, Parts of Cities, | |
and Towns enumerated in the First Schedule to this Act, each whereof shall be an Electoral | |
District, each such District as numbered in that Schedule being entitled to return One Mem | |
ber. | |
2. QUEBEC | |
Quebec shall be divided into Sixty-five Electoral Districts, composed of the Sixty-five | |
Electoral Divisions into which Lower Canada is at the passing of this Act divided under | |
Chapter Two of the Consolidated Statutes of Canada, Chapter Seventy-five of the Consol | |
idated Statutes for Lower Canada, and the Act of the Province of Canada of the Twenty-third | |
Year of the Queen, Chapter One, or any other Act amending the same in force at the Union, | |
so that each such Electoral Division shall be for the Purposes of this Act an Electoral District | |
entitled to return One Member. | |
3. NOVA SCOTIA | |
Each of the Eighteen Counties of Nova Scotia shall be an Electoral District. The County | |
of Halifax shall be entitled to return Two Members, and each of the other Counties One | |
Member. | |
4. NEW BRUNSWICK | |
Each of the Fourteen Counties into which New Brunswick is divided, including the City | |
and County of St. John, shall be an Electoral District. The City of St. John shall also be a | |
separate Electoral District. Each of those Fifteen Electoral Districts shall be entitled to return | |
One Member.(21) |
Continuance of 41. Until the Parliament of Canada otherwise provides, all Laws in force in the several
existing Election
Laws until Provinces at the Union relative to the following Matters or any of them, namely, — the
Parliament of
Qualifications and Disqualifications of Persons to be elected or to sit or vote as Members of
Canada
otherwise the House of Assembly or Legislative Assembly in the several Provinces, the Voters at
provides
Elections of such Members, the Oaths to be taken by Voters, the Returning Officers, their Powers and Duties, the Proceedings at Elections, the Periods during which Elections may be continued, the Trial of controverted Elections, and Proceedings incident thereto, the vacating of Seats of Members, and the Execution of new Writs in case of Seats vacated otherwise than by Dissolution, — shall respectively apply to Elections of Members to serve in the House of Commons for the same several Provinces.
Provided that, until the Parliament of Canada otherwise provides, at any Election for a Member of the House of Commons for the District of Algoma, in addition to Persons qualified by the Law of the Province of Canada to vote, every Male British Subject, aged Twenty-one Years or upwards, being a Householder, shall have a Vote.(22)
As to Election of 44. The House of Commons on its first assembling after a General Election shall proceed
Speaker of
House of with all practicable Speed to elect One of its Members to be Speaker.
Commons
As to filling up 45. In case of a Vacancy happening in the Office of Speaker by Death, Resignation, or
Vacancy in
Office of otherwise, the House of Commons shall with all practicable Speed proceed to elect another
Speaker
of its Members to be Speaker.
Speaker to 46. The Speaker shall preside at all Meetings of the House of Commons.
preside
Provision in case 47. Until the Parliament of Canada otherwise provides, in case of the Absence for any
of Absence of
Speaker Reason of the Speaker from the Chair of the House of Commons for a Period of Forty-eight consecutive Hours, the House may elect another of its Members to act as Speaker, and the
42. For the First Election of Members to serve in the House of Commons the Governor General shall cause Writs to be issued by such Person, in such Form, and addressed to such Returning Officers as he thinks fit.
The Person issuing Writs under this Section shall have the like Powers as are possessed at the Union by the Officers charged with the issuing of Writs for the Election of Members to serve in the respective House of Assembly or Legislative Assembly of the Province of Canada, Nova Scotia, or New Brunswick; and the Returning Officers to whom Writs are directed under this Section shall have the like Powers as are possessed at the Union by the Officers charged with the returning of Writs for the Election of Members to serve in the same respective House of Assembly or Legislative Assembly.
(24) Repealed by the Statute Law Revision Act, 1893, 56-57 Vict., c. 14 (U.K.). The section read as follows:
43. In case a Vacancy in the Representation in the House of Commons of any Electoral District happens before the Meeting of the Parliament, or after the Meeting of the Parliament before Provision is made by the Parliament in this Behalf, the Provisions of the last foregoing Section of this Act shall extend and apply to the issuing and returning of a Writ in respect of such Vacant District.
Member so elected shall during the Continuance of such Absence of the Speaker have and execute all the Powers, Privileges, and Duties of Speaker.(25)
Quorum of 48. The Presence of at least Twenty Members of the House of Commons shall be nec-
House of
Commons essary to constitute a Meeting of the House for the Exercise of its Powers, and for that Purpose the Speaker shall be reckoned as a Member.
Voting in House 49. Questions arising in the House of Commons shall be decided by a Majority of Voices
of Commons
other than that of the Speaker, and when the Voices are equal, but not otherwise, the Speaker shall have a Vote.
Duration of 50. Every House of Commons shall continue for Five Years from the Day of the Return
House of
Commons of the Writs for choosing the House (subject to be sooner dissolved by the Governor General), and no longer.(26)
Readjustment of 51. (1) The number of members of the House of Commons and the representation of the
representation in
Commons provinces therein shall, on the coming into force of this subsection and thereafter on the completion of each decennial census, be readjusted by such authority, in such manner, and from such time as the Parliament of Canada from time to time provides, subject and according to the following rules:
Rules
51. On the Completion of the Census in the Year One Thousand eight hundred and seventy-one, and of each subsequent decennial Census, the Representation of the Four Provinces shall be readjusted by such Authority, in such Manner, and from such Time, as the Parliament of Canada from Time to Time provides, subject and according to the following Rules:
(1) Quebec shall have the fixed Number of Sixty-five Members:
(5) Such Re-adjustment shall not take effect until the Termination of the then existing Parliament.
The section was amended by the Statute Law Revision Act, 1893, 56-57 Vict., c. 14 (U.K.) by repealing the words from “of the census” to “seventy-one and” and the word “subsequent”.
By the British North America Act, 1943, 6-7 Geo. VI, c. 30 (U.K.), which Act was repealed by the Constitution Act, 1982, redistribution of seats following the 1941 census was postponed until the first session of Parliament after the war. The section was re-enacted by the British North America Act, 1946, 9-10 Geo. VI, c. 63 (U.K.), which Act was also repealed by the Constitution Act, 1982, to read as follows:
51. (1) The number of members of the House of Commons shall be two hundred and fifty-five and the representation of the provinces therein shall forthwith upon the coming into force of this section and thereafter on the completion of each decennial census be readjusted by such authority, in such manner, and from such time as the Parliament of Canada from time to time provides, subject and according to the following rules:
(2) The Yukon Territory as constituted by Chapter forty-one of the Statutes of Canada, 1901, together with any Part of Canada not comprised within a province which may from time to time be included therein by the Parliament of Canada for the purposes of representation in Parliament, shall be entitled to one member.
The section was re-enacted by the British North America Act, 1952, S.C. 1952, c. 15, which Act was also repealed by the Constitution Act, 1982, as follows:
51. (1) Subject as hereinafter provided, the number of members of the House of Commons shall be two hundred and sixty-three and the representation of the provinces therein shall forthwith upon the coming into force of this section and thereafter on the completion of each decennial census be readjusted by such authority, in such manner, and from such time as the Parliament of Canada from time to time provides, subject and according to the following rules:
6. Such readjustment shall not take effect until the termination of the then existing Parliament.
(2) The Yukon Territory as constituted by chapter forty-one of the statutes of Canada, 1901, shall be entitled to one member, and such other part of Canada not comprised within a province as may from time to time be defined by the Parliament of Canada shall be entitled to one member.
Subsection 51(1) was re-enacted by the Constitution Act, 1974, S.C. 1974-75-76, c. 13, to read as follows:
51. (1) The number of members of the House of Commons and the representation of the provinces therein shall upon the coming into force of this subsection and thereafter on the completion of each decennial census be readjusted by such authority, in such manner, and from such time as the Parliament of Canada from time to time provides, subject and according to the following Rules:
5. (1) On any readjustment,
does not have a population greater than its population determined according to the results of the penultimate decennial census, it shall, subject to Rules 5(2) and (3), be assigned the number of members assigned to it in the readjustment following the completion of that census.
Yukon Territory, (2) The Yukon Territory as bounded and described in the schedule to chapter Y-2 of the
Northwest
Territories and Revised Statutes of Canada, 1985, shall be entitled to one member, the Northwest Territories
Nunavut
as bounded and described in section 2 of chapter N-27 of the Revised Statutes of Canada, 1985, as amended by section 77 of chapter 28 of the Statutes of Canada, 1993, shall be entitled to one member, and Nunavut as bounded and described in section 3 of chapter 28 of the Statutes of Canada, 1993, shall be entitled to one member.(28)
Constitution of 51A. Notwithstanding anything in this Act a province shall always be entitled to a number
House of
Commons of members in the House of Commons not less than the number of senators representing such province.(29)
Increase of 52. The Number of Members of the House of Commons may be from Time to Time
Number of
House of increased by the Parliament of Canada, provided the proportionate Representation of the
Commons
Provinces prescribed by this Act is not thereby disturbed.
Money Votes; Royal Assent
Appropriation 53. Bills for appropriating any Part of the Public Revenue, or for imposing any Tax or
and Tax Bills
Impost, shall originate in the House of Commons.
6. (1) In these Rules,
“electoral quotient” means, in respect of a province, the quotient obtained by dividing its population, determined according to the results of the then most recent decennial census, by the number of members to be assigned to it under any of Rules 1 to 5(3) in the readjustment following the completion of that census;
“intermediate province” means a province (other than Quebec) having a population greater than its population determined according to the results of the penultimate decennial census but not more than two and a half million and not less than one and a half million;
“large province” means a province (other than Quebec) having a population greater than two and a half million;
“penultimate decennial census” means the decennial census that preceded the then most recent decennial census;
“population” means, except where otherwise specified, the population determined according to the results of the then most recent decennial census;
“small province” means a province (other than Quebec) having a population greater than its population determined according to the results of the penultimate decennial census and less than one and half million.
Recommenda-54. It shall not be lawful for the House of Commons to adopt or pass any Vote, Resolution,
tion of Money
Votes Address, or Bill for the Appropriation of any Part of the Public Revenue, or of any Tax or Impost, to any Purpose that has not been first recommended to that House by Message of the Governor General in the Session in which such Vote, Resolution, Address, or Bill is proposed.
Royal Assent to 55. Where a Bill passed by the Houses of the Parliament is presented to the Governor
Bills, etc.
General for the Queen’s Assent, he shall declare, according to his Discretion, but subject to the Provisions of this Act and to Her Majesty’s Instructions, either that he assents thereto in the Queen’s Name, or that he withholds the Queen’s Assent, or that he reserves the Bill for the Signification of the Queen’s Pleasure.
Disallowance by 56. Where the Governor General assents to a Bill in the Queen’s Name, he shall by the
Order in Council
of Act assented first convenient Opportunity send an authentic Copy of the Act to One of Her Majesty’s
to by Governor
Principal Secretaries of State, and if the Queen in Council within Two Years after Receipt
General
thereof by the Secretary of State thinks fit to disallow the Act, such Disallowance (with a Certificate of the Secretary of State of the Day on which the Act was received by him) being signified by the Governor General, by Speech or Message to each of the Houses of the Parliament or by Proclamation, shall annul the Act from and after the Day of such Signification.
Signification of 57. A Bill reserved for the Signification of the Queen’s Pleasure shall not have any Force
Queen’s
Pleasure on Bill unless and until, within Two Years from the Day on which it was presented to the Governor
reserved
General for the Queen’s Assent, the Governor General signifies, by Speech or Message to each of the Houses of the Parliament or by Proclamation, that it has received the Assent of the Queen in Council.
An Entry of every such Speech, Message, or Proclamation shall be made in the Journal
of each House, and a Duplicate thereof duly attested shall be delivered to the proper Officer
to be kept among the Records of Canada.
V. PROVINCIAL CONSTITUTIONS
Executive Power
Appointment of 58. For each Province there shall be an Officer, styled the Lieutenant Governor, appointed
Lieutenant
Governors of by the Governor General in Council by Instrument under the Great Seal of Canada.
Provinces
Tenure of Office 59. A Lieutenant Governor shall hold Office during the Pleasure of the Governor General;
of Lieutenant
Governor but any Lieutenant Governor appointed after the Commencement of the First Session of the Parliament of Canada shall not be removeable within Five Years from his Appointment, except for Cause assigned, which shall be communicated to him in Writing within One Month after the Order for his Removal is made, and shall be communicated by Message to the Senate and to the House of Commons within One Week thereafter if the Parliament is then sitting, and if not then within One Week after the Commencement of the next Session of the Parliament.
Salaries of 60. The Salaries of the Lieutenant Governors shall be fixed and provided by the Parlia-
Lieutenant
Governors ment of Canada.(30)
Oaths, etc., of 61. Every Lieutenant Governor shall, before assuming the Duties of his Office, make and
Lieutenant
Governor subscribe before the Governor General or some Person authorized by him Oaths of Allegiance and Office similar to those taken by the Governor General.
Application of 62. The Provisions of this Act referring to the Lieutenant Governor extend and apply to
Provisions
referring to the Lieutenant Governor for the Time being of each Province, or other the Chief Executive
Lieutenant
Officer or Administrator for the Time being carrying on the Government of the Province,
Governor
by whatever Title he is designated.
Appointment of 63. The Executive Council of Ontario and of Quebec shall be composed of such Persons
Executive
Officers for as the Lieutenant Governor from Time to Time thinks fit, and in the first instance of the
Ontario and
following Officers, namely, — the Attorney General, the Secretary and Registrar of the
Quebec
Province, the Treasurer of the Province, the Commissioner of Crown Lands, and the Commissioner of Agriculture and Public Works, with in Quebec the Speaker of the Legislative Council and the Solicitor General.(31)
Executive 64. The Constitution of the Executive Authority in each of the Provinces of Nova Scotia
Government of
Nova Scotia and and New Brunswick shall, subject to the Provisions of this Act, continue as it exists at the
New Brunswick
Union until altered under the Authority of this Act.(32)
Powers to be 65. All Powers, Authorities, and Functions which under any Act of the Parliament of
exercised by
Lieutenant Great Britain, or of the Parliament of the United Kingdom of Great Britain and Ireland, or
Governor of
of the Legislature of Upper Canada, Lower Canada, or Canada, were or are before or at the
Ontario or
Quebec with Union vested in or exerciseable by the respective Governors or Lieutenant Governors of
Advice, or alone
those Provinces, with the Advice or with the Advice and Consent of the respective Executive Councils thereof, or in conjunction with those Councils, or with any Number of Members thereof, or by those Governors or Lieutenant Governors individually, shall, as far as the same are capable of being exercised after the Union in relation to the Government of Ontario and Quebec respectively, be vested in and shall or may be exercised by the Lieutenant Governor of Ontario and Quebec respectively, with the Advice or with the Advice and Consent of or in conjunction with the respective Executive Councils, or any Members thereof, or by the Lieutenant Governor individually, as the Case requires, subject nevertheless (except with respect to such as exist under Acts of the Parliament of Great Britain, or of the Parliament of the United Kingdom of Great Britain and Ireland,) to be abolished or altered by the respective Legislatures of Ontario and Quebec.(33)
Application of 66. The Provisions of this Act referring to the Lieutenant Governor in Council shall be
Provisions
referring to construed as referring to the Lieutenant Governor of the Province acting by and with the
Lieutenant
Advice of the Executive Council thereof.
Governor in Council
Administration 67. The Governor General in Council may from Time to Time appoint an Administrator
in Absence, etc.,
of Lieutenant to execute the Office and Functions of Lieutenant Governor during his Absence, Illness, or
Governor
other Inability.
Seats of 68. Unless and until the Executive Government of any Province otherwise directs with
Provincial
Governments respect to that Province, the Seats of Government of the Provinces shall be as follows, namely, — of Ontario, the City of Toronto; of Quebec, the City of Quebec; of Nova Scotia, the City of Halifax; and of New Brunswick, the City of Fredericton.
Legislative Power
1. ONTARIO
Legislature for 69. There shall be a Legislature for Ontario consisting of the Lieutenant Governor and
Ontario
of One House, styled the Legislative Assembly of Ontario.
Electoral 70. The Legislative Assembly of Ontario shall be composed of Eighty-two Members, to
districts
be elected to represent the Eighty-two Electoral Districts set forth in the First Schedule to this Act.(34)
2. QUEBEC
Legislature for 71. There shall be a Legislature for Quebec consisting of the Lieutenant Governor and
Quebec
of Two Houses, styled the Legislative Council of Quebec and the Legislative Assembly of Quebec.(35)
Constitution of 72. The Legislative Council of Quebec shall be composed of Twenty-four Members, to
Legislative
Council be appointed by the Lieutenant Governor, in the Queen’s Name, by Instrument under the Great Seal of Quebec, one being appointed to represent each of the Twenty-four Electoral Divisions of Lower Canada in this Act referred to, and each holding Office for the Term of his Life, unless the Legislature of Quebec otherwise provides under the Provisions of this Act.
Qualification of 73. The Qualifications of the Legislative Councillors of Quebec shall be the same as those
Legislative
Councillors of the Senators for Quebec.
Resignation, 74. The Place of a Legislative Councillor of Quebec shall become vacant in the Cases,
Disqualification,
etc. mutatis mutandis, in which the Place of Senator becomes vacant.
Vacancies 75. When a Vacancy happens in the Legislative Council of Quebec by Resignation, Death, or otherwise, the Lieutenant Governor, in the Queen’s Name, by Instrument under the Great Seal of Quebec, shall appoint a fit and qualified Person to fill the Vacancy.
Questions as to 76. If any Question arises respecting the Qualification of a Legislative Councillor of
Vacancies, etc.
Quebec, or a Vacancy in the Legislative Council of Quebec, the same shall be heard and determined by the Legislative Council.
Speaker of 77. The Lieutenant Governor may from Time to Time, by Instrument under the Great
Legislative
Council Seal of Quebec, appoint a Member of the Legislative Council of Quebec to be Speaker thereof, and may remove him and appoint another in his Stead.
Quorum of 78. Until the Legislature of Quebec otherwise provides, the Presence of at least Ten
Legislative
Council Members of the Legislative Council, including the Speaker, shall be necessary to constitute a Meeting for the Exercise of its Powers.
Voting in 79. Questions arising in the Legislative Council of Quebec shall be decided by a Majority
Legislative
Council of Voices, and the Speaker shall in all Cases have a Vote, and when the Voices are equal the Decision shall be deemed to be in the Negative.
Constitution of 80. The Legislative Assembly of Quebec shall be composed of Sixty-five Members, to
Legislative
Assembly of be elected to represent the Sixty-five Electoral Divisions or Districts of Lower Canada in
Quebec
this Act referred to, subject to Alteration thereof by the Legislature of Quebec: Provided that it shall not be lawful to present to the Lieutenant Governor of Quebec for Assent any Bill for altering the Limits of any of the Electoral Divisions or Districts mentioned in the Second Schedule to this Act, unless the Second and Third Readings of such Bill have been passed in the Legislative Assembly with the Concurrence of the Majority of the Members representing all those Electoral Divisions or Districts, and the Assent shall not be given to such Bill unless an Address has been presented by the Legislative Assembly to the Lieutenant Governor stating that it has been so passed.(36)
3. ONTARIO AND QUEBEC
81. Repealed.(37)
Summoning of 82. The Lieutenant Governor of Ontario and of Quebec shall from Time to Time, in the
Legislative
Assemblies Queen’s Name, by Instrument under the Great Seal of the Province, summon and call together the Legislative Assembly of the Province.
Restriction on 83. Until the Legislature of Ontario or of Quebec otherwise provides, a Person accepting
election of
Holders of or holding in Ontario or in Quebec any Office, Commission, or Employment, permanent or
offices
temporary, at the Nomination of the Lieutenant Governor, to which an annual Salary, or any Fee, Allowance, Emolument, or Profit of any Kind or Amount whatever from the Province is attached, shall not be eligible as a Member of the Legislative Assembly of the respective Province, nor shall he sit or vote as such; but nothing in this Section shall make ineligible any Person being a Member of the Executive Council of the respective Province, or holding
81. The Legislatures of Ontario and Quebec respectively shall be called together not later than Six Months after the Union.
any of the following Offices, that is to say, the Offices of Attorney General, Secretary and Registrar of the Province, Treasurer of the Province, Commissioner of Crown Lands, and Commissioner of Agriculture and Public Works, and in Quebec Solicitor General, or shall disqualify him to sit or vote in the House for which he is elected, provided he is elected while holding such Office.(38)
Continuance of 84. Until the legislatures of Ontario and Quebec respectively otherwise provide, all Laws
existing Election
Laws which at the Union are in force in those Provinces respectively, relative to the following Matters, or any of them, namely, — the Qualifications and Disqualifications of Persons to be elected or to sit or vote as Members of the Assembly of Canada, the Qualifications or Disqualifications of Voters, the Oaths to be taken by Voters, the Returning Officers, their Powers and Duties, the Proceedings at Elections, the Periods during which such Elections may be continued, and the Trial of controverted Elections and the Proceedings incident thereto, the vacating of the Seats of Members and the issuing and execution of new Writs in case of Seats vacated otherwise than by Dissolution, — shall respectively apply to Elections of Members to serve in the respective Legislative Assemblies of Ontario and Quebec.
Provided that, until the Legislature of Ontario otherwise provides, at any Election for a Member of the Legislative Assembly of Ontario for the District of Algoma, in addition to Persons qualified by the Law of the Province of Canada to vote, every Male British Subject, aged Twenty-one Years or upwards, being a Householder, shall have a Vote.(39)
Duration of 85. Every Legislative Assembly of Ontario and every Legislative Assembly of Quebec
Legislative
Assemblies shall continue for Four Years from the Day of the Return of the Writs for choosing the same (subject nevertheless to either the Legislative Assembly of Ontario or the Legislative Assembly of Quebec being sooner dissolved by the Lieutenant Governor of the Province), and no longer.(40)
Yearly Session 86. There shall be a Session of the Legislature of Ontario and of that of Quebec once at
of Legislature
least in every Year, so that Twelve Months shall not intervene between the last Sitting of the Legislature in each Province in one Session and its first Sitting in the next Session.(41)
Speaker, 87. The following Provisions of this Act respecting the House of Commons of Canada
Quorum, etc.
shall extend and apply to the Legislative Assemblies of Ontario and Quebec, that is to say,
— the Provisions relating to the Election of a Speaker originally and on Vacancies, the Duties of the Speaker, the Absence of the Speaker, the Quorum, and the Mode of voting, as if those
Provisions were here re-enacted and made applicable in Terms to each such Legislative Assembly.
4. NOVA SCOTIA AND NEW BRUNSWICK Constitutions of 88. The Constitution of the Legislature of each of the Provinces of Nova Scotia and New
Legislatures of
Nova Scotia and Brunswick shall, subject to the Provisions of this Act, continue as it exists at the Union until
New Brunswick
altered under the Authority of this Act.(42)
5. ONTARIO, QUEBEC, AND NOVA SCOTIA
89. Repealed.(43)
6. THE FOUR PROVINCES Application to 90. The following Provisions of this Act respecting the Parliament of Canada, namely,
Legislatures of
Provisions — the Provisions relating to Appropriation and Tax Bills, the Recommendation of Money
respecting
Votes, the Assent to Bills, the Disallowance of Acts, and the Signification of Pleasure on
Money Votes,
etc. Bills reserved, — shall extend and apply to the Legislatures of the several Provinces as if those Provisions were here re-enacted and made applicable in Terms to the respective Provinces and the Legislatures thereof, with the Substitution of the Lieutenant Governor of the Province for the Governor General, of the Governor General for the Queen and for a Secretary of State, of One Year for Two Years, and of the Province for Canada.
(42) Partially repealed by the Statute Law Revision Act, 1893, 56-57 Vict., c. 14 (U.K.), which deleted the following concluding words of the original enactment:
and the House of Assembly of New Brunswick existing at the passing of this Act shall, unless sooner dissolved, continue for the Period for which it was elected.
A similar provision was included in each of the instruments admitting British Columbia, Prince Edward Island and Newfoundland. The Legislatures of Manitoba, Alberta and Saskatchewan were established by the statutes creating those provinces. See the footnotes to section 5, supra.
See also sections 3 to 5 of the Constitution Act, 1982, which prescribe democratic rights applicable to all provinces, and subitem 2(2) of the Schedule to that Act, which sets out the repeal of section 20 of the Manitoba Act, 1870. Section 20 of the Manitoba Act, 1870 has been replaced by section 5 of the Constitution Act, 1982.
Section 20 reads as follows:
20. There shall be a Session of the Legislature once at least in every year, so that twelve months shall not intervene between the last sitting of the Legislature in one Session and its first sitting in the next Session.
(43) Repealed by the Statute Law Revision Act, 1893, 56-57 Vict., c. 14 (U.K.). The section read as follows:
5. — Ontario, Quebec, and Nova Scotia.
89. Each of the Lieutenant Governors of Ontario, Quebec and Nova Scotia shall cause Writs to be issued for the First Election of Members of the Legislative Assembly thereof in such Form and by such Person as he thinks fit, and at such Time and addressed to such Returning Officer as the Governor General directs, and so that the First Election of Member of Assembly for any Electoral District or any Subdivision thereof shall be held at the same Time and at the same Places as the Election for a Member to serve in the House of Commons of Canada for that Electoral District.
VI. DISTRIBUTION OF LEGISLATIVE POWERS
Powers of the Parliament
Legislative 91. It shall be lawful for the Queen, by and with the Advice and Consent of the Senate
Authority of
Parliament of and House of Commons, to make Laws for the Peace, Order, and good Government of
Canada
Canada, in relation to all Matters not coming within the Classes of Subjects by this Act assigned exclusively to the Legislatures of the Provinces; and for greater Certainty, but not so as to restrict the Generality of the foregoing Terms of this Section, it is hereby declared that (notwithstanding anything in this Act) the exclusive Legislative Authority of the Parliament of Canada extends to all Matters coming within the Classes of Subjects next hereinafter enumerated; that is to say, —
And any Matter coming within any of the Classes of Subjects enumerated in this Section shall not be deemed to come within the Class of Matters of a local or private Nature comprised in the Enumeration of the Classes of Subjects by this Act assigned exclusively to the Legislatures of the Provinces.(47)
(47) Legislative authority has been conferred on Parliament by other Acts as follows:
1. The Constitution Act, 1871, 34-35 Vict., c. 28 (U.K.).
Exclusive Powers of Provincial Legislatures
Subjects of 92. In each Province the Legislature may exclusively make Laws in relation to Matters
exclusive
Provincial coming within the Classes of Subjects next hereinafter enumerated; that is to say, —
Legislation
The Rupert’s Land Act, 1868, 31-32 Vict., c. 105 (U.K.) (repealed by the Statute Law Revision Act, 1893, 56-57 Vict., c. 14 (U.K.)) had previously conferred similar authority in relation to Rupert’s Land and the North Western Territory upon admission of those areas.
2. The Constitution Act, 1886, 49-50 Vict., c. 35 (U.K.).
1. The Parliament of Canada may from time to time make provision for the representation in the Senate and House of Commons of Canada, or in either of them, of any territories which for the time being form part of the Dominion of Canada, but are not included in any province thereof.
3. The Statute of Westminster, 1931, 22 Geo. V, c. 4 (U.K.).
3. It is hereby declared and enacted that the Parliament of a Dominion has full power to make laws having extra-territorial operation.
4. Under section 44 of the Constitution Act, 1982, Parliament has exclusive authority to amend the Constitution of Canada in relation to the executive government of Canada or the Senate and House of Commons. Sections 38, 41, 42 and 43 of that Act authorize the Senate and House of Commons to give their approval to certain other constitutional amendments by resolution.
(48) Class I was repealed by the Constitution Act, 1982. As enacted, it read as follows:
1. The Amendment from Time to Time, notwithstanding anything in this Act, of the Constitution of the Province, except as regards the Office of Lieutenant Governor.
Section 45 of the Constitution Act, 1982 now authorizes legislatures to make laws amending the constitution of the province. Sections 38, 41, 42 and 43 of that Act authorize legislative assemblies to give their approval by resolution to certain other amendments to the Constitution of Canada.
Laws respecting non-renewable natural resources, forestry resources and electrical energy
Non-Renewable Natural Resources, Forestry Resources and Electrical Energy
92A. (1) In each province, the legislature may exclusively make laws in relation to
Export from (2) In each province, the legislature may make laws in relation to the export from the
provinces of
resources province to another part of Canada of the primary production from non-renewable natural resources and forestry resources in the province and the production from facilities in the province for the generation of electrical energy, but such laws may not authorize or provide for discrimination in prices or in supplies exported to another part of Canada.
Authority of (3) Nothing in subsection (2) derogates from the authority of Parliament to enact laws in
Parliament
relation to the matters referred to in that subsection and, where such a law of Parliament and a law of a province conflict, the law of Parliament prevails to the extent of the conflict.
Taxation of (4) In each province, the legislature may make laws in relation to the raising of money
resources
by any mode or system of taxation in respect of
whether or not such production is exported in whole or in part from the province, but such laws may not authorize or provide for taxation that differentiates between production exported to another part of Canada and production not exported from the province.
“Primary (5) The expression “primary production” has the meaning assigned by the Sixth Schedule.
production”
Existing powers (6) Nothing in subsections (1) to (5) derogates from any powers or rights that a legislature
or rights
or government of a province had immediately before the coming into force of this section.(49)
Education
Legislation 93. In and for each Province the Legislature may exclusively make Laws in relation to
respecting
Education Education, subject and according to the following Provisions:—
(49) Added by the Constitution Act, 1982.
made, or in case any Decision of the Governor General in Council on any Appeal under this Section is not duly executed by the proper Provincial Authority in that Behalf, then and in every such Case, and as far only as the Circumstances of each Case require, the Parliament of Canada may make remedial Laws for the due Execution of the Provisions of this Section and of any Decision of the Governor General in Council under this Section.(50)
(50) An alternative was provided for Manitoba by section 22 of the Manitoba Act, 1870, 33 Vict., c. 3 (Canada), (confirmed by the Constitution Act, 1871), which section reads as follows:
22. In and for the Province, the said Legislature may exclusively make Laws in relation to Education, subject and according to the following provisions:
An alternative was provided for Alberta by section 17 of the Alberta Act, 4-5 Edw. VII, c. 3, 1905 (Canada), which section reads as follows:
17. Section 93 of the Constitution Act, 1867, shall apply to the said province, with the substitution for paragraph (1) of the said section 93 of the following paragraph:
(1) Nothing in any such law shall prejudicially affect any right or privilege with respect to separate schools which any class of persons have at the date of the passing of this Act, under the terms of chapters 29 and 30 of the Ordinances of the Northwest Territories, passed in the year 1901, or with respect to religious instruction in any public or separate school as provided for in the said ordinances.
An alternative was provided for Saskatchewan by section 17 of the Saskatchewan Act, 4-5 Edw. VII, c. 42, 1905 (Canada), which section reads as follows:
17. Section 93 of the Constitution Act, 1867, shall apply to the said province, with the substitution for paragraph (1) of the said section 93, of the following paragraph:
(1) Nothing in any such law shall prejudicially affect any right or privilege with respect to separate schools which any class of persons have at the date of the passing of this Act, under the terms of chapters 29 and 30 of the Ordinances of the Northwest Territories, passed in the year 1901, or with respect to religious instruction in any public or separate school as provided for in the said ordinances.
An alternative was provided for Newfoundland by Term 17 of the Terms of Union of Newfoundland with Canada (confirmed by the Newfoundland Act, 12-13 Geo. VI, c. 22 (U.K.)). Term 17 of the Terms of Union of Newfoundland with Canada, set out in the penultimate paragraph of this footnote, was amended by the Constitution Amendment, 1998 (Newfoundland Act), (see SI/98-25) and the Constitution Amendment, 2001 (Newfoundland and Labrador), (see SI/2001-117), and now reads as follows:
17. (1) In lieu of section ninety-three of the Constitution Act, 1867, this term shall apply in respect of the Province of Newfoundland and Labrador.
(2) In and for the Province of Newfoundland and Labrador, the Legislature shall have exclusive authority to make laws in relation to education, but shall provide for courses in religion that are not specific to a religious denomination.
(3) Religious observances shall be permitted in a school where requested by parents.
Prior to the Constitution Amendment, 1998 (Newfoundland Act), Term 17 of the Terms of Union of Newfoundland with Canada had been amended by the Constitution Amendment, 1997 (Newfoundland Act), (see SI/97-55) to read as follows:
17. In lieu of section ninety-three of the Constitution Act, 1867, the following shall apply in respect of the Province of Newfoundland:
In and for the Province of Newfoundland, the Legislature shall have exclusive authority to make laws in relation to education but
Quebec 93A. Paragraphs (1) to (4) of section 93 do not apply to Quebec.(51)
Uniformity of Laws in Ontario, Nova Scotia, and New Brunswick
Legislation for 94. Notwithstanding anything in this Act, the Parliament of Canada may make Provision
Uniformity of
Laws in Three for the Uniformity of all or any of the Laws relative to Property and Civil Rights in Ontario,
Provinces
Nova Scotia, and New Brunswick, and of the Procedure of all or any of the Courts in those Three Provinces, and from and after the passing of any Act in that Behalf the Power of the Parliament of Canada to make Laws in relation to any Matter comprised in any such Act shall, notwithstanding anything in this Act, be unrestricted; but any Act of the Parliament of Canada making Provision for such Uniformity shall not have effect in any Province unless and until it is adopted and enacted as Law by the Legislature thereof.
Prior to the Constitution Amendment, 1997 (Newfoundland Act), Term 17 of the Terms of Union of Newfoundland with Canada had been amended by the Constitution Amendment, 1987 (Newfoundland Act), (see SI/88-11) to read as follows:
17. (1) In lieu of section ninety-three of the Constitution Act, 1867, the following term shall apply in respect of the Province of Newfoundland:
In and for the Province of Newfoundland the Legislature shall have exclusive authority to make laws in relation to education, but the Legislature will not have authority to make laws prejudicially affecting any right or privilege with respect to denominational schools, common (amalgamated) schools, or denominational colleges, that any class or classes of persons have by law in Newfoundland at the date of Union, and out of public funds of the Province of Newfoundland, provided for education,
(2) For the purposes of paragraph one of this Term, the Pentecostal Assemblies of Newfoundland have in Newfoundland all the same rights and privileges with respect to denominational schools and denominational colleges as any other class or classes of persons had by law in Newfoundland at the date of Union, and the words “all such schools” in paragraph (a) of paragraph one of this Term and the words “all such colleges” in paragraph (b) of paragraph one of this Term include, respectively, the schools and the colleges of the Pentecostal Assemblies of Newfoundland.
Term 17 of the Terms of Union of Newfoundland with Canada (confirmed by the Newfoundland Act, 12-13 Geo. VI, c. 22 (U.K.)), which Term provided an alternative for Newfoundland, originally read as follows:
17. In lieu of section ninety-three of the Constitution Act, 1867, the following term shall apply in respect of the Province of Newfoundland:
In and for the Province of Newfoundland the Legislature shall have exclusive authority to make laws in relation to education, but the Legislature will not have authority to make laws prejudicially affecting any right or privilege with respect to denominational schools, common (amalgamated) schools, or denominational colleges, that any class or classes of persons have by law in Newfoundland at the date of Union, and out of public funds of the Province of Newfoundland, provided for education,
See also sections 23, 29 and 59 of the Constitution Act, 1982. Section 23 provides for new minority language educational rights and section 59 permits a delay in respect of the coming into force in Quebec of one aspect of those rights. Section 29 provides that nothing in the Canadian Charter of Rights and Freedoms abrogates or derogates from any rights or privileges guaranteed by or under the Constitution of Canada in respect of denominational, separate or dissentient schools.
(51) Added by the Constitution Amendment, 1997 (Quebec). See SI/97-141.
Old Age Pensions
Legislation 94A. The Parliament of Canada may make laws in relation to old age pensions and sup-
respecting old
age pensions and plementary benefits, including survivors’ and disability benefits irrespective of age, but no
supplementary
such law shall affect the operation of any law present or future of a provincial legislature in
benefits
relation to any such matter.(52)
Agriculture and Immigration
Concurrent 95. In each Province the Legislature may make Laws in relation to Agriculture in the
Powers of
Legislation Province, and to Immigration into the Province; and it is hereby declared that the Parliament
respecting
of Canada may from Time to Time make Laws in relation to Agriculture in all or any of the
Agriculture, etc.
Provinces, and to Immigration into all or any of the Provinces; and any Law of the Legislature of a Province relative to Agriculture or to Immigration shall have effect in and for the Province as long and as far only as it is not repugnant to any Act of the Parliament of Canada.
VII. JUDICATURE
Appointment of 96. The Governor General shall appoint the Judges of the Superior, District, and County
Judges
Courts in each Province, except those of the Courts of Probate in Nova Scotia and New Brunswick.
Selection of 97. Until the Laws relative to Property and Civil Rights in Ontario, Nova Scotia, and New
Judges in
Ontario, etc. Brunswick, and the Procedure of the Courts in those Provinces, are made uniform, the Judges of the Courts of those Provinces appointed by the Governor General shall be selected from the respective Bars of those Provinces.
Selection of 98. The Judges of the Courts of Quebec shall be selected from the Bar of that Province.
Judges in Quebec
Tenure of office 99. (1) Subject to subsection (2) of this section, the judges of the superior courts shall
of Judges
hold office during good behaviour, but shall be removable by the Governor General on address of the Senate and House of Commons.
Termination at (2) A judge of a superior court, whether appointed before or after the coming into force
age 75
of this section, shall cease to hold office upon attaining the age of seventy-five years, or upon the coming into force of this section if at that time he has already attained that age.(53)
Salaries, etc., of 100. The Salaries, Allowances, and Pensions of the Judges of the Superior, District, and
Judges
County Courts (except the Courts of Probate in Nova Scotia and New Brunswick), and of
(52) Added by the Constitution Act, 1964, 12-13 Eliz. II, c. 73 (U.K.). As originally enacted by the British North America Act, 1951, 14-15 Geo. VI, c. 32 (U.K.), which was repealed by the Constitution Act, 1982, section 94A read as follows:
94A. It is hereby declared that the Parliament of Canada may from time to time make laws in relation to old age pensions
in Canada, but no law made by the Parliament of Canada in relation to old age pensions shall affect the operation of any law
present or future of a Provincial Legislature in relation to old age pensions.
(53) Repealed and re-enacted by the Constitution Act, 1960, 9 Eliz. II, c. 2 (U.K.), which came into force on March 1, 1961. The original section read as follows:
99. The Judges of the Superior Courts shall hold Office during good Behaviour, but shall be removable by the Governor General on Address of the Senate and House of Commons.
the Admiralty Courts in Cases where the Judges thereof are for the Time being paid by Salary, shall be fixed and provided by the Parliament of Canada.(54)
General Court of 101. The Parliament of Canada may, notwithstanding anything in this Act, from Time to
Appeal, etc.
Time provide for the Constitution, Maintenance, and Organization of a General Court of Appeal for Canada, and for the Establishment of any additional Courts for the better Administration of the Laws of Canada.(55)
VIII. REVENUES; DEBTS; ASSETS; TAXATION Creation of 102. All Duties and Revenues over which the respective Legislatures of Canada, Nova
Consolidated
Revenue Fund Scotia, and New Brunswick before and at the Union had and have Power of Appropriation, except such Portions thereof as are by this Act reserved to the respective Legislatures of the Provinces, or are raised by them in accordance with the special Powers conferred on them by this Act, shall form One Consolidated Revenue Fund, to be appropriated for the Public Service of Canada in the Manner and subject to the Charges in this Act provided.
Expenses of 103. The Consolidated Revenue Fund of Canada shall be permanently charged with the
Collection, etc.
Costs, Charges, and Expenses incident to the Collection, Management, and Receipt thereof, and the same shall form the First Charge thereon, subject to be reviewed and audited in such Manner as shall be ordered by the Governor General in Council until the Parliament otherwise provides.
Interest of 104. The annual Interest of the Public Debts of the several Provinces of Canada, Nova
Provincial Public
Debts Scotia, and New Brunswick at the Union shall form the Second Charge on the Consolidated Revenue Fund of Canada.
Salary of 105. Unless altered by the Parliament of Canada, the Salary of the Governor General shall
Governor
General be Ten thousand Pounds Sterling Money of the United Kingdom of Great Britain and Ireland, payable out of the Consolidated Revenue Fund of Canada, and the same shall form the Third Charge thereon.(56)
Appropriation 106. Subject to the several Payments by this Act charged on the Consolidated Revenue
from Time to
Time Fund of Canada, the same shall be appropriated by the Parliament of Canada for the Public Service.
Transfer of 107. All Stocks, Cash, Banker’s Balances, and Securities for Money belonging to each
Stocks, etc.
Province at the Time of the Union, except as in this Act mentioned, shall be the Property of Canada, and shall be taken in Reduction of the Amount of the respective Debts of the Provinces at the Union.
Transfer of 108. The Public Works and Property of each Province, enumerated in the Third Schedule
Property in
Schedule to this Act, shall be the Property of Canada. Property in 109. All Lands, Mines, Minerals, and Royalties belonging to the several Provinces of
Lands, Mines,
etc. Canada, Nova Scotia, and New Brunswick at the Union, and all Sums then due or payable
for such Lands, Mines, Minerals, or Royalties, shall belong to the several Provinces of Ontario, Quebec, Nova Scotia, and New Brunswick in which the same are situate or arise, subject to any Trusts existing in respect thereof, and to any Interest other than that of the Province in the same.(57)
Assets connected 110. All Assets connected with such Portions of the Public Debt of each Province as are
with Provincial
Debts assumed by that Province shall belong to that Province.
Canada to be 111. Canada shall be liable for the Debts and Liabilities of each Province existing at the
liable for Provincial Debts Union.
Debts of Ontario 112. Ontario and Quebec conjointly shall be liable to Canada for the Amount (if any) by
and Quebec
which the Debt of the Province of Canada exceeds at the Union Sixty-two million five hundred thousand Dollars, and shall be charged with Interest at the Rate of Five per Centum per Annum thereon.
Assets of Ontario 113. The Assets enumerated in the Fourth Schedule to this Act belonging at the Union
and Quebec
to the Province of Canada shall be the Property of Ontario and Quebec conjointly.
Debt of Nova 114. Nova Scotia shall be liable to Canada for the Amount (if any) by which its Public
Scotia
Debt exceeds at the Union Eight million Dollars, and shall be charged with Interest at the Rate of Five per Centum per Annum thereon.(58)
Debt of New 115. New Brunswick shall be liable to Canada for the Amount (if any) by which its Public
Brunswick
Debt exceeds at the Union Seven million Dollars, and shall be charged with Interest at the Rate of Five per Centum per Annum thereon.
Payment of 116. In case the Public Debts of Nova Scotia and New Brunswick do not at the Union
interest to Nova
Scotia and New amount to Eight million and Seven million Dollars respectively, they shall respectively re-
Brunswick
ceive by half -yearly Payments in advance from the Government of Canada Interest at Five per Centum per Annum on the Difference between the actual Amounts of their respective Debts and such stipulated Amounts.
Provincial Public 117. The several Provinces shall retain all their respective Public Property not otherwise
Property
disposed of in this Act, subject to the Right of Canada to assume any Lands or Public Property required for Fortifications or for the Defence of the Country.
118. The following Sums shall be paid yearly by Canada to the several Provinces for the Support of their Governments and Legislatures:
Dollars.
Ontario............................................................................................................................................................Eighty thousand. Quebec.........................................................................................................................................................Seventy thousand. Nova Scotia......................................................................................................................................................Sixty thousand. New Brunswick.................................................................................................................................................Fifty thousand.
Two hundred and sixty thousand;
and an annual Grant in aid of each Province shall be made, equal to Eighty Cents per Head of the Population as ascertained by the Census of One thousand eight hundred and sixty-one, and in the Case of Nova Scotia and New Brunswick, by each subsequent Decennial Census until the Population of each of those two Provinces amounts to Four hundred thousand Souls, at which Rate such Grant shall thereafter remain. Such Grants shall be in full Settlement of all future Demands on Canada, and shall be paid half-yearly in advance to each Province; but the Government of Canada shall deduct from such Grants, as against any Province, all Sums chargeable as Interest on the Public Debt of that Province in excess of the several Amounts stipulated in this Act.
The section was made obsolete by the Constitution Act, 1907, 7 Edw. VII, c. 11 (U.K.) which provided:
1. (1) The following grants shall be made yearly by Canada to every province, which at the commencement of this Act is a province of the Dominion, for its local purposes and the support of its Government and Legislature:
(a) A fixed grant
where the population of the province is under one hundred and fifty thousand, of one hundred thousand dollars;
where the population of the province is one hundred and fifty thousand, but does not exceed two hundred thousand, of one hundred and fifty thousand dollars;
where the population of the province is two hundred thousand, but does not exceed four hundred thousand, of one hundred and eighty thousand dollars;
where the population of the province is four hundred thousand, but does not exceed eight hundred thousand, of one hundred and ninety thousand dollars;
where the population of the province is eight hundred thousand, but does not exceed one million five hundred thousand, of two hundred and twenty thousand dollars;
where the population of the province exceeds one million five hundred thousand, of two hundred and forty thousand dollars; and
(b) Subject to the special provisions of this Act as to the provinces of British Columbia and Prince Edward Island, a grant at the rate of eighty cents per head of the population of the province up to the number of two million five hundred thousand, and at the rate of sixty cents per head of so much of the population as exceeds that number.
Further Grant to 119. New Brunswick shall receive by half-yearly Payments in advance from Canada for
New Brunswick
the Period of Ten Years from the Union an additional Allowance of Sixty-three thousand Dollars per Annum; but as long as the Public Debt of that Province remains under Seven million Dollars, a Deduction equal to the Interest at Five per Centum per Annum on such Deficiency shall be made from that Allowance of Sixty-three thousand Dollars.(60)
Form of 120. All Payments to be made under this Act, or in discharge of Liabilities created under
Payments
any Act of the Provinces of Canada, Nova Scotia, and New Brunswick respectively, and assumed by Canada, shall, until the Parliament of Canada otherwise directs, be made in such Form and Manner as may from Time to Time be ordered by the Governor General in Council.
Canadian 121. All Articles of the Growth, Produce, or Manufacture of any one of the Provinces
Manufactures,
etc. shall, from and after the Union, be admitted free into each of the other Provinces.
Continuance of 122. The Customs and Excise Laws of each Province shall, subject to the Provisions of
Customs and
Excise Laws this Act, continue in force until altered by the Parliament of Canada.(61)
Exportation and 123. Where Customs Duties are, at the Union, leviable on any Goods, Wares, or Mer-
Importation as
between Two chandises in any Two Provinces, those Goods, Wares, and Merchandises may, from and
Provinces
after the Union, be imported from one of those Provinces into the other of them on Proof of Payment of the Customs Duty leviable thereon in the Province of Exportation, and on Payment of such further Amount (if any) of Customs Duty as is leviable thereon in the Province of Importation.(62)
Lumber Dues in 124. Nothing in this Act shall affect the Right of New Brunswick to levy the Lumber
New Brunswick
Dues provided in Chapter Fifteen of Title Three of the Revised Statutes of New Brunswick,
See the Provincial Subsidies Act, R.S.C. 1985, c. P-26 and the Federal-Provincial Fiscal Arrangements and Federal Post-Secondary Education and Health Contributions Act, R.S.C. 1985, c. F-8.
See also Part III of the Constitution Act, 1982, which sets out commitments by Parliament and the provincial legislatures respecting equal opportunities, economic development and the provision of essential public services and a commitment by Parliament and the government of Canada to the principle of making equalization payments.
or in any Act amending that Act before or after the Union, and not increasing the Amount of such Dues; but the Lumber of any of the Provinces other than New Brunswick shall not be subject to such Dues.(63)
Exemption of 125. No Lands or Property belonging to Canada or any Province shall be liable to Tax-
Public Lands,
etc. ation.
Provincial 126. Such Portions of the Duties and Revenues over which the respective Legislatures of
Consolidated
Revenue Fund Canada, Nova Scotia, and New Brunswick had before the Union Power of Appropriation as are by this Act reserved to the respective Governments or Legislatures of the Provinces, and all Duties and Revenues raised by them in accordance with the special Powers conferred upon them by this Act, shall in each Province form One Consolidated Revenue Fund to be appropriated for the Public Service of the Province.
IX. MISCELLANEOUS PROVISIONS
General
127. Repealed.(64)
Oath of 128. Every Member of the Senate or House of Commons of Canada shall before taking
Allegiance, etc.
his Seat therein take and subscribe before the Governor General or some Person authorized by him, and every Member of a Legislative Council or Legislative Assembly of any Province shall before taking his Seat therein take and subscribe before the Lieutenant Governor of the Province or some Person authorized by him, the Oath of Allegiance contained in the Fifth Schedule to this Act; and every Member of the Senate of Canada and every Member of the Legislative Council of Quebec shall also, before taking his Seat therein, take and subscribe before the Governor General, or some Person authorized by him, the Declaration of Qualification contained in the same Schedule.
Continuance of 129. Except as otherwise provided by this Act, all Laws in force in Canada, Nova Scotia,
existing Laws,
Courts, Officers, or New Brunswick at the Union, and all Courts of Civil and Criminal Jurisdiction, and all
etc. legal Commissions, Powers, and Authorities, and all Officers, Judicial, Administrative, and Ministerial, existing therein at the Union, shall continue in Ontario, Quebec, Nova Scotia, and New Brunswick respectively, as if the Union had not been made; subject nevertheless (except with respect to such as are enacted by or exist under Acts of the Parliament of Great Britain or of the Parliament of the United Kingdom of Great Britain and Ireland), to be repealed, abolished, or altered by the Parliament of Canada, or by the Legislature of the
127. If any Person being at the passing of this Act a Member of the Legislative Council of Canada, Nova Scotia, or New Brunswick, to whom a Place in the Senate is offered, does not within Thirty Days thereafter, by Writing under his Hand addressed to the Governor General of the Province of Canada or to the Lieutenant Governor of Nova Scotia or New Brunswick (as the Case may be), accept the same, he shall be deemed to have declined the same; and any Person who, being at the passing of this Act a Member of the Legislative Council of Nova Scotia or New Brunswick, accepts a Place in the Senate shall thereby vacate his Seat in such Legislative Council.
respective Province, according to the Authority of the Parliament or of that Legislature under this Act.(65)
Transfer of 130. Until the Parliament of Canada otherwise provides, all Officers of the several
Officers to
Canada Provinces having Duties to discharge in relation to Matters other than those coming within the Classes of Subjects by this Act assigned exclusively to the Legislatures of the Provinces shall be Officers of Canada, and shall continue to discharge the Duties of their respective Offices under the same Liabilities, Responsibilities, and Penalties as if the Union had not been made.(66)
Appointment of 131. Until the Parliament of Canada otherwise provides, the Governor General in Council
new Officers
may from Time to Time appoint such Officers as the Governor General in Council deems necessary or proper for the effectual Execution of this Act.
Treaty 132. The Parliament and Government of Canada shall have all Powers necessary or proper
Obligations
for performing the Obligations of Canada or of any Province thereof, as Part of the British Empire, towards Foreign Countries, arising under Treaties between the Empire and such Foreign Countries.
Use of English 133. Either the English or the French Language may be used by any Person in the Debates
and French
Languages of the Houses of the Parliament of Canada and of the Houses of the Legislature of Quebec; and both those Languages shall be used in the respective Records and Journals of those Houses; and either of those Languages may be used by any Person or in any Pleading or Process in or issuing from any Court of Canada established under this Act, and in or from all or any of the Courts of Quebec.
The Acts of the Parliament of Canada and of the Legislature of Quebec shall be printed and published in both those Languages.(67)
23. Either the English or the French language may be used by any person in the debates of the Houses of the Legislature, and both these languages shall be used in the respective Records and Journals of those Houses; and either of those languages may be used by any person, or in any Pleading or Process, in or issuing from any Court of Canada established under the British North America Act, 1867, or in or from all or any of the Courts of the Province. The Acts of the Legislature shall be printed and published in both those languages.
Sections 17 to 19 of the Constitution Act, 1982 restate the language rights set out in section 133 in respect of Parliament and the courts established under the Constitution Act, 1867, and also guarantees those rights in respect of the legislature of New Brunswick and the courts of that province.
Section 16 and sections 20, 21 and 23 of the Constitution Act, 1982 recognize additional language rights in respect of the English and French languages. Section 22 preserves language rights and privileges of languages other than English and French.
Ontario and Quebec
Appointment of 134. Until the Legislature of Ontario or of Quebec otherwise provides, the Lieutenant
Executive
Officers for Governors of Ontario and Quebec may each appoint under the Great Seal of the Province
Ontario and
the following Officers, to hold Office during Pleasure, that is to say, — the Attorney General,
Quebec
the Secretary and Registrar of the Province, the Treasurer of the Province, the Commissioner of Crown Lands, and the Commissioner of Agriculture and Public Works, and in the Case of Quebec the Solicitor General, and may, by Order of the Lieutenant Governor in Council, from Time to Time prescribe the Duties of those Officers, and of the several Departments over which they shall preside or to which they shall belong, and of the Officers and Clerks thereof, and may also appoint other and additional Officers to hold Office during Pleasure, and may from Time to Time prescribe the Duties of those Officers, and of the several Departments over which they shall preside or to which they shall belong, and of the Officers and Clerks thereof. (68)
Powers, Duties, 135. Until the Legislature of Ontario or Quebec otherwise provides, all Rights, Powers,
etc. of Executive
Officers Duties, Functions, Responsibilities, or Authorities at the passing of this Act vested in or imposed on the Attorney General, Solicitor General, Secretary and Registrar of the Province of Canada, Minister of Finance, Commissioner of Crown Lands, Commissioner of Public Works, and Minister of Agriculture and Receiver General, by any Law, Statute, or Ordinance of Upper Canada, Lower Canada, or Canada, and not repugnant to this Act, shall be vested in or imposed on any Officer to be appointed by the Lieutenant Governor for the Discharge of the same or any of them; and the Commissioner of Agriculture and Public Works shall perform the Duties and Functions of the Office of Minister of Agriculture at the passing of this Act imposed by the Law of the Province of Canada, as well as those of the Commissioner of Public Works.(69)
Great Seals 136. Until altered by the Lieutenant Governor in Council, the Great Seals of Ontario and Quebec respectively shall be the same, or of the same Design, as those used in the Provinces of Upper Canada and Lower Canada respectively before their Union as the Province of Canada.
Construction of 137. The words “and from thence to the End of the then next ensuing Session of the
temporary Acts
Legislature,” or Words to the same Effect, used in any temporary Act of the Province of Canada not expired before the Union, shall be construed to extend and apply to the next Session of the Parliament of Canada if the Subject Matter of the Act is within the Powers of the same as defined by this Act, or to the next Sessions of the Legislatures of Ontario and Quebec respectively if the Subject Matter of the Act is within the Powers of the same as defined by this Act.
As to Errors in 138. From and after the Union the Use of the Words “Upper Canada” instead of “Ontario,”
Names
or “Lower Canada” instead of “Quebec,” in any Deed, Writ, Process, Pleading, Document, Matter, or Thing shall not invalidate the same.
As to issue of 139. Any Proclamation under the Great Seal of the Province of Canada issued before the
Proclamations
before Union, to Union to take effect at a Time which is subsequent to the Union, whether relating to that
commence after
Province, or to Upper Canada, or to Lower Canada, and the several Matters and Things
Union
therein proclaimed, shall be and continue of like Force and Effect as if the Union had not been made.(70)
As to issue of 140. Any Proclamation which is authorized by any Act of the Legislature of the Province
Proclamations
after Union of Canada to be issued under the Great Seal of the Province of Canada, whether relating to that Province, or to Upper Canada, or to Lower Canada, and which is not issued before the Union, may be issued by the Lieutenant Governor of Ontario or of Quebec, as its Subject Matter requires, under the Great Seal thereof; and from and after the Issue of such Proclamation the same and the several Matters and Things therein proclaimed shall be and continue of the like Force and Effect in Ontario or Quebec as if the Union had not been made.(71)
Penitentiary 141. The Penitentiary of the Province of Canada shall, until the Parliament of Canada otherwise provides, be and continue the Penitentiary of Ontario and of Quebec.(72)
Arbitration 142. The Division and Adjustment of the Debts, Credits, Liabilities, Properties, and As-
respecting Debts,
etc. sets of Upper Canada and Lower Canada shall be referred to the Arbitrament of Three Arbitrators, One chosen by the Government of Ontario, One by the Government of Quebec, and One by the Government of Canada; and the Selection of the Arbitrators shall not be made until the Parliament of Canada and the Legislatures of Ontario and Quebec have met; and the Arbitrator chosen by the Government of Canada shall not be a Resident either in Ontario or in Quebec.(73)
Division of 143. The Governor General in Council may from Time to Time order that such and so
Records
many of the Records, Books, and Documents of the Province of Canada as he thinks fit shall be appropriated and delivered either to Ontario or to Quebec, and the same shall thenceforth be the Property of that Province; and any Copy thereof or Extract therefrom, duly certified by the Officer having charge of the Original thereof, shall be admitted as Evidence.(74)
Constitution of 144. The Lieutenant Governor of Quebec may from Time to Time, by Proclamation under
Townships in
Quebec the Great Seal of the Province, to take effect from a Day to be appointed therein, constitute Townships in those Parts of the Province of Quebec in which Townships are not then already constituted, and fix the Metes and Bounds thereof.
X. INTERCOLONIAL RAILWAY
145. Repealed.(75)
XI. ADMISSION OF OTHER COLONIES Power to admit 146. It shall be lawful for the Queen, by and with the Advice of Her Majesty’s Most
Newfoundland,
etc., into the Honourable Privy Council, on Addresses from the Houses of the Parliament of Canada, and
Union
from the Houses of the respective Legislatures of the Colonies or Provinces of Newfoundland, Prince Edward Island, and British Columbia, to admit those Colonies or Provinces, or any of them, into the Union, and on Address from the Houses of the Parliament of Canada to admit Rupert’s Land and the North-western Territory, or either of them, into the Union, on such Terms and Conditions in each Case as are in the Addresses expressed and as the Queen thinks fit to approve, subject to the Provisions of this Act; and the Provisions of any Order in Council in that Behalf shall have effect as if they had been enacted by the Parliament of the United Kingdom of Great Britain and Ireland.(76)
As to 147. In case of the Admission of Newfoundland and Prince Edward Island, or either of
Representation
of them, each shall be entitled to a Representation in the Senate of Canada of Four Members,
Newfoundland
and (notwithstanding anything in this Act) in case of the Admission of Newfoundland the
and Prince
Edward Island in normal Number of Senators shall be Seventy-six and their maximum Number shall be
Senate
Eighty-two; but Prince Edward Island when admitted shall be deemed to be comprised in the third of the Three Divisions into which Canada is, in relation to the Constitution of the Senate, divided by this Act, and accordingly, after the Admission of Prince Edward Island, whether Newfoundland is admitted or not, the Representation of Nova Scotia and New Brunswick in the Senate shall, as Vacancies occur, be reduced from Twelve to Ten Members respectively, and the Representation of each of those Provinces shall not be increased at any Time beyond Ten, except under the Provisions of this Act for the Appointment of Three or Six additional Senators under the Direction of the Queen.(77)
THE FIRST SCHEDULE(78)
Electoral Districts of Ontario
A.
EXISTING ELECTORAL DIVISIONS.
COUNTIES
RIDINGS OF COUNTIES
(78) Spent. Representation Act, R.S.O. 1990, c. R.26.
CITIES, PARTS OF CITIES, AND TOWNS
B.
NEW ELECTORAL DIVISIONS
44. The Provisional Judicial District of Algoma.
The County of BRUCE, divided into Two Ridings, to be called respectively the North and South Ridings:—
The County of HURON, divided into Two Ridings, to be called respectively the North and South Ridings:—
The County of MIDDLESEX, divided into three Ridings, to be called respectively the North, West, and East Ridings:—
The County of GREY divided into Two Ridings to be called respectively the South and North Ridings:—
The County of PERTH divided into Two Ridings, to be called respectively the South and North Ridings:—
The County of WELLINGTON divided into Three Ridings to be called respectively North, South and Centre Ridings:—
The County of NORFOLK, divided into Two Ridings, to be called respectively the South and North Ridings:—
The County of SIMCOE, divided into Two Ridings, to be called respectively the South and North Ridings:—
The County of VICTORIA, divided into Two Ridings, to be called respectively the South and North Ridings:—
The County of PETERBOROUGH, divided into Two Ridings, to be called respectively the West and East Ridings:—
The County of HASTINGS, divided into Three Ridings, to be called respectively the West, East, and North Ridings:—
The County of RENFREW, divided into Two Ridings, to be called respectively the South and North Ridings:—
Every Town and incorporated Village existing at the Union, not especially mentioned in this Schedule, is to be taken as Part of the County or Riding within which it is locally situate.
THE SECOND SCHEDULE
Electoral Districts of Quebec specially fixed
COUNTIES OF—
Pontiac. | Missisquoi. | Compton. |
Ottawa. | Brome. | Wolfe and |
Argenteuil. | Shefford. | Richmond. |
Huntingdon. | Stanstead. | Megantic. |
Town of Sherbrooke. |
THE THIRD SCHEDULE
Provincial Public Works and Property to be the Property of Canada
THE FOURTH SCHEDULE
Assets to be the Property of Ontario and Quebec conjointly
Upper Canada Building Fund. Lunatic Asylums. Normal School.
Court Houses in Aylmer. Montreal.
Kamouraska. Law Society, Upper Canada. Montreal Turnpike Trust. University Permanent Fund. Royal Institution. Consolidated Municipal Loan Fund, Upper Canada. Consolidated Municipal Loan Fund, Lower Canada. Agricultural Society, Upper Canada. Lower Canada Legislative Grant. Quebec Fire Loan. Temiscouata Advance Account. Quebec Turnpike Trust. Education—East. Building and Jury Fund, Lower Canada. Municipalities Fund. Lower Canada Superior Education Income Fund.
THE FIFTH SCHEDULE
OATH OF ALLEGIANCE
I A.B. do swear, That I will be faithful and bear true Allegiance to Her Majesty Queen Victoria.
Note.—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.
DECLARATION OF QUALIFICATION
I A.B. do declare and testify, That I am by Law duly qualified to be appointed a Member of the Senate of Canada [or as the Case may be], and that I am legally or equitably seised as of Freehold for my own Use and Benefit of Lands or Tenements held in Free and Common Socage [or seised or possessed for my own Use and Benefit of Lands or Tenements held in Franc-alleu or in Roture (as the Case may be),] in the Province of Nova Scotia [or as the Case may be] of the Value of Four thousand Dollars over and above all Rents, Dues, Debts, Mortgages, Charges, and Incumbrances due or payable out of or charged on or affecting the same, and that I have not collusively or colourably obtained a Title to or become possessed of the said Lands and Tenements or any Part thereof for the Purpose of enabling me to become a Member of the Senate of Canada [or as the Case may be], and that my Real and Personal Property are together worth Four thousand Dollars over and above my Debts and Liabilities.
THE SIXTH SCHEDULE(79)
Primary Production from Non-Renewable Natural Resources and Forestry Resources
1. For the purposes of section 92A of this Act,
(79) As enacted by the Constitution Act, 1982.
CONSTITUTION ACT, 1982(80)
SCHEDULE B
CONSTITUTION ACT, 1982
PART I
CANADIAN CHARTER OF RIGHTS AND FREEDOMS
Whereas Canada is founded upon principles that recognize the supremacy of God and the rule of law:
Guarantee of Rights and Freedoms Rights and 1. The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set
freedoms in
Canada out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.
Fundamental Freedoms
Fundamental 2. Everyone has the following fundamental freedoms:
freedoms
(80) Enacted as Schedule B to the Canada Act 1982, (U.K.) 1982, c. 11, which came into force on April 17, 1982. The Canada Act 1982, other than Schedules A and B thereto, reads as follows:
An Act to give effect to a request by the Senate and House of Commons of Canada
Whereas Canada has requested and consented to the enactment of an Act of the Parliament of the United Kingdom to give effect to the provisions hereinafter set forth and the Senate and the House of Commons of Canada in Parliament assembled have submitted an address to Her Majesty requesting that Her Majesty may graciously be pleased to cause a Bill to be laid before the Parliament of the United Kingdom for that purpose.
Be it therefore enacted by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:
4. This Act may be cited as the Canada Act 1982.
Democratic Rights
Democratic 3. Every citizen of Canada has the right to vote in an election of members of the House
rights of citizens
of Commons or of a legislative assembly and to be qualified for membership therein. Maximum 4. (1) No House of Commons and no legislative assembly shall continue for longer than
duration of
legislative five years from the date fixed for the return of the writs of a general election of its mem
bodies
bers.(81)
Continuation in (2) In time of real or apprehended war, invasion or insurrection, a House of Commons
special
circumstances may be continued by Parliament and a legislative assembly may be continued by the legislature beyond five years if such continuation is not opposed by the votes of more than one-third of the members of the House of Commons or the legislative assembly, as the case may be.(82)
Annual sitting of 5. There shall be a sitting of Parliament and of each legislature at least once every twelve
legislative bodies months.(83)
Mobility Rights
Mobility of 6. (1) Every citizen of Canada has the right to enter, remain in and leave Canada.
citizens
Rights to move (2) Every citizen of Canada and every person who has the status of a permanent resident
and gain
livelihood of Canada has the right
(a) to move to and take up residence in any province; and
(b) to pursue the gaining of a livelihood in any province. Limitation (3) The rights specified in subsection (2) are subject to
Affirmative (4) Subsections (2) and (3) do not preclude any law, program or activity that has as its
action programs
object the amelioration in a province of conditions of individuals in that province who are socially or economically disadvantaged if the rate of employment in that province is below the rate of employment in Canada.
Legal Rights
Life, liberty and 7. Everyone has the right to life, liberty and security of the person and the right not to be
security of
person deprived thereof except in accordance with the principles of fundamental justice.
Search or seizure 8. Everyone has the right to be secure against unreasonable search or seizure. Detention or 9. Everyone has the right not to be arbitrarily detained or imprisoned.
imprisonment
Arrest or 10. Everyone has the right on arrest or detention
detention
Proceedings in 11. Any person charged with an offence has the right
criminal and penal matters
Treatment or 12. Everyone has the right not to be subjected to any cruel and unusual treatment or
punishment
punishment.
Self-crimination 13. A witness who testifies in any proceedings has the right not to have any incriminating evidence so given used to incriminate that witness in any other proceedings, except in a prosecution for perjury or for the giving of contradictory evidence.
Interpreter 14. A party or witness in any proceedings who does not understand or speak the language in which the proceedings are conducted or who is deaf has the right to the assistance of an interpreter.
Equality Rights
Equality before 15. (1) Every individual is equal before and under the law and has the right to the equal
and under law
and equal protection and equal benefit of the law without discrimination and, in particular, without
protection and
discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental
benefit of law
or physical disability. Affirmative (2) Subsection (1) does not preclude any law, program or activity that has as its object
action programs
the amelioration of conditions of disadvantaged individuals or groups including those that are disadvantaged because of race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.(84)
Official Languages of Canada
Official 16. (1) English and French are the official languages of Canada and have equality of
languages of
Canada status and equal rights and privileges as to their use in all institutions of the Parliament and government of Canada.
Official (2) English and French are the official languages of New Brunswick and have equality
languages of
New Brunswick of status and equal rights and privileges as to their use in all institutions of the legislature and government of New Brunswick.
Advancement of (3) Nothing in this Charter limits the authority of Parliament or a legislature to advance
status and use
the equality of status or use of English and French. English and 16.1 (1) The English linguistic community and the French linguistic community in New
French linguistic
communities in Brunswick have equality of status and equal rights and privileges, including the right to
New Brunswick
distinct educational institutions and such distinct cultural institutions as are necessary for the preservation and promotion of those communities.
Role of the (2) The role of the legislature and government of New Brunswick to preserve and promote
legislature and
government of the status, rights and privileges referred to in subsection (1) is affirmed.(85)
New Brunswick
Proceedings of 17. (1) Everyone has the right to use English or French in any debates and other pro-
Parliament
ceedings of Parliament.(86) Proceedings of (2) Everyone has the right to use English or French in any debates and other proceedings
New Brunswick
legislature of the legislature of New Brunswick.(87)
Parliamentary 18. (1) The statutes, records and journals of Parliament shall be printed and published in
statutes and
records English and French and both language versions are equally authoritative.(88)
New Brunswick (2) The statutes, records and journals of the legislature of New Brunswick shall be prin
statutes and
records ted and published in English and French and both language versions are equally authorita
tive.(89)
(89) Id.
Proceedings in 19. (1) Either English or French may be used by any person in, or in any pleading in or
courts
established by process issuing from, any court established by Parliament(90)
Parliament
Proceedings in (2) Either English or French may be used by any person in, or in any pleading in or process
New Brunswick
courts issuing from, any court of New Brunswick.(91)
Communications 20. (1) Any member of the public in Canada has the right to communicate with, and to
by public with
federal receive available services from, any head or central office of an institution of the Parliament
institutions
or government of Canada in English or French, and has the same right with respect to any other office of any such institution where
Communications (2) Any member of the public in New Brunswick has the right to communicate with, and
by public with
New Brunswick to receive available services from, any office of an institution of the legislature or government
institutions
of New Brunswick in English or French. Continuation of 21. Nothing in sections 16 to 20 abrogates or derogates from any right, privilege or obli
existing
constitutional gation with respect to the English and French languages, or either of them, that exists or is
provisions
continued by virtue of any other provision of the Constitution of Canada.(92) Rights and 22. Nothing in sections 16 to 20 abrogates or derogates from any legal or customary right
privileges
preserved or privilege acquired or enjoyed either before or after the coming into force of this Charter with respect to any language that is not English or French.
Minority Language Educational Rights
Language of 23. (1) Citizens of Canada
instruction
have the right to have their children receive primary and secondary school instruction in that language in that province.(93)
Continuity of (2) Citizens of Canada of whom any child has received or is receiving primary or sec
language
instruction ondary school instruction in English or French in Canada, have the right to have all their
children receive primary and secondary school instruction in the same language. Application (3) The right of citizens of Canada under subsections (1) and (2) to have their children
where numbers
warrant receive primary and secondary school instruction in the language of the English or French linguistic minority population of a province
Enforcement
Enforcement of 24. (1) Anyone whose rights or freedoms, as guaranteed by this Charter, have been in-
guaranteed rights
and freedoms fringed or denied may apply to a court of competent jurisdiction to obtain such remedy as the court considers appropriate and just in the circumstances.
Exclusion of (2) Where, in proceedings under subsection (1), a court concludes that evidence was
evidence
bringing obtained in a manner that infringed or denied any rights or freedoms guaranteed by this
administration of
Charter, the evidence shall be excluded if it is established that, having regard to all the
justice into
disrepute circumstances, the admission of it in the proceedings would bring the administration of justice into disrepute.
General
Aboriginal rights 25. The guarantee in this Charter of certain rights and freedoms shall not be construed so
and freedoms not
affected by as to abrogate or derogate from any aboriginal, treaty or other rights or freedoms that pertain
Charter
to the aboriginal peoples of Canada including
Other rights and 26. The guarantee in this Charter of certain rights and freedoms shall not be construed as
freedoms not
affected by denying the existence of any other rights or freedoms that exist in Canada.
Charter
Multicultural 27. This Charter shall be interpreted in a manner consistent with the preservation and
heritage
enhancement of the multicultural heritage of Canadians.
(94) Paragraph 25(b) was repealed and re-enacted by the Constitution Amendment Proclamation, 1983. See SI/ 84-102.
Paragraph 25(b) as originally enacted read as follows:
“(b) any rights or freedoms that may be acquired by the aboriginal peoples of Canada by way of land claims settlement.”
Rights 28. Notwithstanding anything in this Charter, the rights and freedoms referred to in it are
guaranteed
equally to both guaranteed equally to male and female persons.
sexes
Rights 29. Nothing in this Charter abrogates or derogates from any rights or privileges guaran
respecting
certain schools teed by or under the Constitution of Canada in respect of denominational, separate or
preserved
dissentient schools.(95)
Application to 30. A reference in this Charter to a province or to the legislative assembly or legislature
territories and
territorial of a province shall be deemed to include a reference to the Yukon Territory and the Northwest
authorities
Territories, or to the appropriate legislative authority thereof, as the case may be. Legislative 31. Nothing in this Charter extends the legislative powers of any body or authority.
powers not extended
Application of Charter
Application of 32. (1) This Charter applies
Charter
Exception (2) Notwithstanding subsection (1), section 15 shall not have effect until three years after this section comes into force.
Exception where 33. (1) Parliament or the legislature of a province may expressly declare in an Act of
express
declaration Parliament or of the legislature, as the case may be, that the Act or a provision thereof shall operate notwithstanding a provision included in section 2 or sections 7 to 15 of this Charter.
Operation of (2) An Act or a provision of an Act in respect of which a declaration made under this
exception
section is in effect shall have such operation as it would have but for the provision of this Charter referred to in the declaration.
Five year (3) A declaration made under subsection (1) shall cease to have effect five years after it
limitation
comes into force or on such earlier date as may be specified in the declaration. Re-enactment (4) Parliament or the legislature of a province may re-enact a declaration made under subsection (1). Five year (5) Subsection (3) applies in respect of a re-enactment made under subsection (4).
limitation
Citation Citation 34. This Part may be cited as the Canadian Charter of Rights and Freedoms.
(95) See section 93 of the Constitution Act, 1867, and the footnote thereto.
PART II
RIGHTS OF THE ABORIGINAL PEOPLES OF CANADA Recognition of 35. (1) The existing aboriginal and treaty rights of the aboriginal peoples of Canada are
existing
aboriginal and hereby recognized and affirmed.
treaty rights
Definition of (2) In this Act, “aboriginal peoples of Canada” includes the Indian, Inuit and Métis peo
“aboriginal
peoples of ples of Canada.
Canada”
Land claims (3) For greater certainty, in subsection (1) “treaty rights” includes rights that now exist
agreements
by way of land claims agreements or may be so acquired. Aboriginal and (4) Notwithstanding any other provision of this Act, the aboriginal and treaty rights re-
treaty rights are
guaranteed ferred to in subsection (1) are guaranteed equally to male and female persons.(96)
equally to both sexes
Commitment to 35.1 The government of Canada and the provincial governments are committed to the
participation in
constitutional principle that, before any amendment is made to Class 24 of section 91 of the “Constitution
conference
Act, 1867”, to section 25 of this Act or to this Part,
PART III
EQUALIZATION AND REGIONAL DISPARITIES Commitment to 36. (1) Without altering the legislative authority of Parliament or of the provincial leg-
promote equal
opportunities islatures, or the rights of any of them with respect to the exercise of their legislative authority, Parliament and the legislatures, together with the government of Canada and the provincial governments, are committed to
(c) providing essential public services of reasonable quality to all Canadians. Commitment (2) Parliament and the government of Canada are committed to the principle of making
respecting public
services equalization payments to ensure that provincial governments have sufficient revenues to provide reasonably comparable levels of public services at reasonably comparable levels of taxation.(98)
PART IV
CONSTITUTIONAL CONFERENCE
37. Repealed.(99)
PART IV.I
CONSTITUTIONAL CONFERENCES
PART V
PROCEDURE FOR AMENDING CONSTITUTION OF CANADA(101)
General 38. (1) An amendment to the Constitution of Canada may be made by proclamation
procedure for
amending issued by the Governor General under the Great Seal of Canada where so authorized by
Constitution of Canada
(a) resolutions of the Senate and House of Commons; and
(99) Section 54 provided for the repeal of Part IV one year after Part VII came into force. Part VII came into force on April 17, 1982 thereby repealing Part IV on April 17, 1983.
Part IV, as originally enacted, read as follows:
37. (1) A constitutional conference composed of the Prime Minister of Canada and the first ministers of the provinces shall be convened by the Prime Minister of Canada within one year after this Part comes into force.
(100) Part IV.1, which was added by the Constitution Amendment Proclamation, 1983 (see SI/84-102), was repealed on April 18, 1987 by section 54.1.
Part IV.1, as originally enacted, read as follows:
37.1 (1) In addition to the conference convened in March 1983, at least two constitutional conferences composed of the Prime Minister of Canada and the first ministers of the provinces shall be convened by the Prime Minister of Canada, the first within three years after April 17, 1982 and the second within five years after that date.
(4) Nothing in this section shall be construed so as to derogate from subsection 35(1).
(101) Prior to the enactment of Part V certain provisions of the Constitution of Canada and the provincial constitutions could be amended pursuant to the Constitution Act, 1867. See the footnotes to section 91, Class 1 and section 92, Class 1 thereof, supra. Other amendments to the Constitution could only be made by enactment of the Parliament of the United Kingdom.
(b) resolutions of the legislative assemblies of at least two-thirds of the provinces that have, in the aggregate, according to the then latest general census, at least fifty per cent of the population of all the provinces.
Majority of (2) An amendment made under subsection (1) that derogates from the legislative powers,
members
the proprietary rights or any other rights or privileges of the legislature or government of a province shall require a resolution supported by a majority of the members of each of the Senate, the House of Commons and the legislative assemblies required under subsection (1).
Expression of (3) An amendment referred to in subsection (2) shall not have effect in a province the
dissent
legislative assembly of which has expressed its dissent thereto by resolution supported by a majority of its members prior to the issue of the proclamation to which the amendment relates unless that legislative assembly, subsequently, by resolution supported by a majority of its members, revokes its dissent and authorizes the amendment.
Revocation of (4) A resolution of dissent made for the purposes of subsection (3) may be revoked at
dissent
any time before or after the issue of the proclamation to which it relates. Restriction on 39. (1) A proclamation shall not be issued under subsection 38(1) before the expiration
proclamation
of one year from the adoption of the resolution initiating the amendment procedure thereunder, unless the legislative assembly of each province has previously adopted a resolution of assent or dissent.
Idem (2) A proclamation shall not be issued under subsection 38(1) after the expiration of three years from the adoption of the resolution initiating the amendment procedure thereunder.
Compensation 40. Where an amendment is made under subsection 38(1) that transfers provincial legislative powers relating to education or other cultural matters from provincial legislatures to Parliament, Canada shall provide reasonable compensation to any province to which the amendment does not apply.
Amendment by 41. An amendment to the Constitution of Canada in relation to the following matters may
unanimous
consent be made by proclamation issued by the Governor General under the Great Seal of Canada only where authorized by resolutions of the Senate and House of Commons and of the legislative assembly of each province:
(e) an amendment to this Part. Amendment by 42. (1) An amendment to the Constitution of Canada in relation to the following matters
general
procedure may be made only in accordance with subsection 38(1):
(f) notwithstanding any other law or practice, the establishment of new provinces. Exception (2) Subsections 38(2) to (4) do not apply in respect of amendments in relation to matters
referred to in subsection (1). Amendment of 43. An amendment to the Constitution of Canada in relation to any provision that applies
provisions
relating to some to one or more, but not all, provinces, including
but not all provinces
may be made by proclamation issued by the Governor General under the Great Seal of Canada only where so authorized by resolutions of the Senate and House of Commons and of the legislative assembly of each province to which the amendment applies.
Amendments by 44. Subject to sections 41 and 42, Parliament may exclusively make laws amending the
Parliament
Constitution of Canada in relation to the executive government of Canada or the Senate and House of Commons.
Amendments by 45. Subject to section 41, the legislature of each province may exclusively make laws
provincial
legislatures amending the constitution of the province.
Initiation of 46. (1) The procedures for amendment under sections 38, 41, 42 and 43 may be initiated
amendment
procedures either by the Senate or the House of Commons or by the legislative assembly of a province. Revocation of (2) A resolution of assent made for the purposes of this Part may be revoked at any time
authorization
before the issue of a proclamation authorized by it. Amendments 47. (1) An amendment to the Constitution of Canada made by proclamation under sec
without Senate
resolution tion 38, 41, 42 or 43 may be made without a resolution of the Senate authorizing the issue of the proclamation if, within one hundred and eighty days after the adoption by the House of Commons of a resolution authorizing its issue, the Senate has not adopted such a resolution and if, at any time after the expiration of that period, the House of Commons again adopts the resolution.
Computation of (2) Any period when Parliament is prorogued or dissolved shall not be counted in com
period
puting the one hundred and eighty day period referred to in subsection (1). Advice to issue 48. The Queen’s Privy Council for Canada shall advise the Governor General to issue a
proclamation
proclamation under this Part forthwith on the adoption of the resolutions required for an amendment made by proclamation under this Part.
Constitutional 49. A constitutional conference composed of the Prime Minister of Canada and the first
conference
ministers of the provinces shall be convened by the Prime Minister of Canada within fifteen years after this Part comes into force to review the provisions of this Part.
PART VI
AMENDMENT TO THE CONSTITUTION ACT, 1867
(102)
50.
(103)
51.
PART VII
GENERAL Primacy of 52. (1) The Constitution of Canada is the supreme law of Canada, and any law that is
Constitution of
Canada inconsistent with the provisions of the Constitution is, to the extent of the inconsistency, of no force or effect.
Constitution of (2) The Constitution of Canada includes
Canada
(c) any amendment to any Act or order referred to in paragraph (a) or (b). Amendments to (3) Amendments to the Constitution of Canada shall be made only in accordance with
Constitution of
Canada the authority contained in the Constitution of Canada. Repeals and new 53. (1) The enactments referred to in Column I of the schedule are hereby repealed or
names
amended to the extent indicated in Column II thereof and, unless repealed, shall continue as law in Canada under the names set out in Column III thereof.
Consequential (2) Every enactment, except the Canada Act 1982, that refers to an enactment referred
amendments
to in the schedule by the name in Column I thereof is hereby amended by substituting for that name the corresponding name in Column III thereof, and any British North America Act not referred to in the schedule may be cited as the Constitution Act followed by the year and number, if any, of its enactment.
Repeal and 54. Part IV is repealed on the day that is one year after this Part comes into force and this
consequential
amendments section may be repealed and this Act renumbered, consequentially upon the repeal of Part IV and this section, by proclamation issued by the Governor General under the Great Seal of Canada.(104)
(102) The amendment is set out in the Consolidation of the Constitution Act, 1867, as section 92A thereof.
(103) The amendment is set out in the Consolidation of the Constitution Act, 1867, as the Sixth Schedule thereof.
(104) Part VII came into force on April 17, 1982. See SI/82-97.
French version of 55. A French version of the portions of the Constitution of Canada referred to in the
Constitution of
Canada schedule shall be prepared by the Minister of Justice of Canada as expeditiously as possible and, when any portion thereof sufficient to warrant action being taken has been so prepared, it shall be put forward for enactment by proclamation issued by the Governor General under the Great Seal of Canada pursuant to the procedure then applicable to an amendment of the same provisions of the Constitution of Canada.
English and 56. Where any portion of the Constitution of Canada has been or is enacted in English
French versions
of certain and French or where a French version of any portion of the Constitution is enacted pursuant
constitutional
to section 55, the English and French versions of that portion of the Constitution are equally
texts
authoritative.
English and 57. The English and French versions of this Act are equally authoritative.
French versions of this Act
Commencement 58. Subject to section 59, this Act shall come into force on a day to be fixed by proclamation issued by the Queen or the Governor General under the Great Seal of Canada.(106)
Commencement 59. (1) Paragraph 23(1)(a) shall come into force in respect of Quebec on a day to be fixed
of paragraph
23(1)(a) in by proclamation issued by the Queen or the Governor General under the Great Seal of
respect of
Canada.
Quebec
Authorization of (2) A proclamation under subsection (1) shall be issued only where authorized by the
Quebec
legislative assembly or government of Quebec.(107)
Repeal of this (3) This section may be repealed on the day paragraph 23(1)(a) comes into force in respect
section
of Quebec and this Act amended and renumbered, consequentially upon the repeal of this section, by proclamation issued by the Queen or the Governor General under the Great Seal of Canada.
Short title and 60. This Act may be cited as the Constitution Act, 1982, and the Constitution Acts 1867
citations
to 1975 (No. 2) and this Act may be cited together as the Constitution Acts, 1867 to 1982.
References 61. A reference to the “Constitution Acts, 1867 to 1982” shall be deemed to include a reference to the “Constitution Amendment Proclamation, 1983”.(108)
(105) Section 54.1, which was added by the Constitution Amendment Proclamation, 1983 (see SI/84-102), provided for the repeal of Part IV.1 and section 54.1 on April 18, 1987.
Section 54.1, as originally enacted, read as follows:
“54.1 Part IV.1 and this section are repealed on April 18, 1987.
(106) The Act, with the exception of paragraph 23(1)(a) in respect of Quebec, came into force on April 17, 1982 by proclamation issued by the Queen. See SI/82-97.
(107) No proclamation has been issued under section 59.
(108) Section 61 was added by the Constitution Amendment Proclamation, 1983. See SI/84-102.
See also section 3 of the Constitution Act, 1985 (Representation), S.C. 1986, c. 8, Part I and the Constitution Amendment, 1987 (Newfoundland Act) SI/88-11.
SCHEDULE to the CONSTITUTION ACT, 1982 MODERNIZATION OF THE CONSTITUTION
Column I Column II Column III Item Act Affected Amendment New Name
(1) Section 1 is repealed and the following substituted therefor:
“1. This Act may be cited as the Constitution Act, 1867.”
(1) The long title is repealed and the following substituted therefor:
“Manitoba Act, 1870.”
(2) Section 20 is repealed.
Section 1 is repealed and the following substituted therefor:
“1. This Act may be cited as the Constitution Act, 1871.”
Section 3 is repealed and the following substituted therefor:
Constitution Act, 1867
Manitoba Act, 1870
Rupert’s Land and North-Western Territory Order
British Columbia Terms of Union
Constitution Act, 1871
Prince Edward Island Terms of Union
Parliament of Canada Act, 1875
Adjacent Territories Order
Constitution Act, 1886 Column I Column II Column III Item Act Affected Amendment New Name
“3. This Act may be cited as the Constitution Act, 1886.”
The Act is repealed.
Section 2 is repealed and the following substituted therefor:
“2. This Act may be cited as the Constitution Act, 1907.”
Section 3 is repealed and the following substituted therefor:
“3. This Act may be cited as the Constitution Act, 1915.”
Section 3 is repealed and the following substituted therefor:
“3. This Act may be cited as the Constitution Act, 1930.”
In so far as they apply to Canada,
(a) section 4 is repealed; and
(b) subsection 7(1) is repealed. Section 2 is repealed and the following substituted therefor:
“2. This Act may be cited as the Constitution Act, 1940.” The Act is repealed.
The Act is repealed.
Section 3 is repealed and the following substituted therefor:
“3. This Act may be cited as the Newfoundland Act.”
The Act is repealed.
The Act is repealed.
Canada (Ontario Boundary) Act, 1889
Alberta Act Saskatchewan Act Constitution Act, 1907
Constitution Act, 1915
Constitution Act, 1930
Statute of Westminster, 1931
Constitution Act, 1940
Newfoundland Act Column I Column II Column III Item Act Affected Amendment New Name
24. British North America Act, 1952, 1 Eliz. II,
c. 15 (Can.)
25. British North America Act, 1960, 9 Eliz. II,
c. 2 (U.K.)
The Act is repealed.
Section 2 is repealed and the following substituted therefor:
“2. This Act may be cited as the Constitution Act, 1960.”
Section 2 is repealed and the following substituted therefor:
“2. This Act may be cited as the Constitution Act, 1964.”
Section 2 is repealed and the following substituted therefor:
“2. This Part may be cited as the Constitution Act, 1965.”
Section 3, as amended by 25-26 Eliz. II,
c. 28, s. 38(1) (Can.), is repealed and the following substituted therefor:
“3. This Part may be cited as the Constitution Act, 1974.”
Section 3, as amended by 25-26 Eliz. II,
c. 28, s. 31 (Can.), is repealed and the following substituted therefor:
“3. This Part may be cited as the Constitution Act (No. 1), 1975.”
Section 3 is repealed and the following substituted therefor:
“3. This Act may be cited as the Constitution Act (No. 2), 1975.”
Constitution Act, 1960
Constitution Act, 1964
Constitution Act, 1965
Constitution Act, 1974
Constitution Act (No. 1), 1975
Constitution Act (No. 2), 1975