{ Adopted on: 29 March 1867 }
{ ICL Document Status: 14 April 1994 }
[Preamble]
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 the 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:
Section 1 [Citation]
This act may be cited as the Constitution Act, 1867.
Section 3 [One
Dominion]
It shall be lawful for the Queen, by and with the Advice of Her Majesty's Most
Honourable Privy Council, to declare by Proclamation that, on and 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; and on and after that
Day those Three Provinces shall form and be One Dominion under that Name
accordingly.
Section 4 [Name
Canada]
Unless it is otherwise expressed or implied, the Name Canada shall be taken to
mean Canada as constituted under this act.
Section 5 [Four
Provinces]
Canada shall be divided into Four Provinces, named Ontario, Quebec, Nova
Scotia, and New Brunswick.
Section 6 [Province
Location]
The parts of the province of Canada (as it exists at the passing of this act)
which formerly constituted respectively the Province 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.
Section 7 [Province
Delimitation]
The Provinces of Nova Scotia and New Brunswick shall have the same Limits as at
the passing of this act.
Section 8 [General
Census]
In the general Census of the Population of Canada which is hereby required to
be taken in the Year One Thousand eight hundred and seventy-one, and every
Tenth Year thereafter, the respective Populations of the Four Provinces shall
be distinguished.
Section 9 [Queen]
The Executive Government and Authority of and over Canada is hereby declared to
continue and be vested in the Queen.
Section 10 [Governor
General]
The provisions of this act referring to the Governor General extend and apply
to the Governor General for the Time being of Canada, or other the Chief
Executive Officer or Administrator for the Time being carrying on the
Government of Canada on behalf and in the Name of the Queen, by whatever Title
he is designated.
Section 11 [Council]
There shall be a Council to aid and advise in the Government of Canada, to be
styled 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.
Section 12
[Continuity]
All Powers, Authorities, and Functions which under any 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 Upper Canada, Lower Canada, Canada, Nova
Scotia, or New Brunswick, are at the Union vested in or exerciseable by the
respective Governors or Lieutenant 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 Member thereof,
or by the Governor General individually, as the Case requires, subject
nevertheless (except with respect to such as exist under Acts of Parliament of
Great Britain or of the Parliament of the United Kingdom of Great Britain and
Ireland) to be established or altered by the Parliament of Canada.
Section 13 [Advice of
Privy Council]
The provisions of this act referring to the Governor General in Council shall
be construed as referring to the Governor General acting by and with the Advice
of the Queen's Privy Council for Canada.
Section 14 [General
Governor's Deputies]
It shall be lawful for the Queen, if Her Majesty thinks fit, to authorize the
Governor General from Time to Time appoint any Person or any Persons jointly or
severally to be his Deputy or Deputies within any part or Parts of Canada, and
in that Capacity exercise 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.
Section 15
[Commander-in-Chief]
The Command-in-Chief of the Land and Naval Militia, and of all Naval and
Military Forces, of and in Canada, is hereby declared to continue to be vested
in the Queen.
Section 16 [Seat of
Government]
Until the Queen otherwise directs, the Seat of Government of Canada shall be
Ottawa.
[Chapter IV] Legislative Power
Section 17
[Parliament]
There shall be One Parliament for Canada, consisting of the Queen, an Upper
House styled the Senate, and the House of Commons.
Section 18
[Privileges and Immunities]
The privileges, immunities, and powers to be held, enjoyed, and exercised by
the 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.
Section 19 [First
Session]
The Parliament of Canada shall be called together not later than Six Months
after the Union.
Section 21
[Membership]
The Senate shall, subject to the provisions of this act consist of One Hundred
and four Members, who shall be styled Senators.
Section 22
[Composition]
In relation to the Constitution of the Senate Canada shall be deemed to consist
of Four Divisions:
1) Ontario;
2) Quebec;
3) The Maritime Provinces, Nova Scotia, and New Brunswick, and Prince Edward
Island;
4) The Western Provinces of Manitoba, British Columbia, Saskatchewan, and
Alberta;
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 and the Northwest Territories shall be entitled to be
represented in the Senate by one member each.
In the case of Quebec each of the Twenty-four Senators representing that
Province shall be appointed for One of the Twenty-four Electoral Section
Divisions of Lower Canada specified in Schedule A to Chapter One of the
Consolidated Statutes of Canada.
Section 23
[Qualification]
The Qualification 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 the 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.
Section 24
[Nomination]
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 provisions of this act, every Person so summoned
shall become and be a Member of the Senate and a Senator.
Section 26
[Expansion]
If at any Time on the Recommendation of the Governor General the Queen thinks
fit to direct that Four or Eight Members be added to the Senate, the Governor
General may by Summons to Four or Eight qualified Persons (as the Case may be),
representing equally the Four Divisions of Canada, add to the Senate
accordingly.
Section 27 [Limited
Addition]
In case of such Addition being at any Time made, the Governor General shall not
summon any Person to the Senate, except upon 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.
Section 28 [Maximum
Number]
The Number of Senators shall not at any Time exceed One Hundred and twelve.
Section 29 [Tenure]
(1) Subject to Subsection (2), a Senator shall, subject to the provisions of
this act, hold his place in the Senate for life. (2) A Senator who is summoned
to the Senate after the coming into force of this subsection shall, subject to
this act, hold his place in the Senate until he attains the age of seventy-five
years.
Section 30
[Resignation]
A Senator may by Writing under his Hand addressed to the Governor General
resign his Place in the Senate, and Thereupon the same shall be vacant.
Section 31 [Vacancy]
The Place of a Senator shall become vacant in any of the following Cases:
(1) If for Two consecutive Sessions of the Parliament he fails to give his
Attendance in the Senate:
(2) If he takes an Oath or makes a Declaration or Acknowledgement of Allegiance,
Obedience, or Adherence to a Foreign Power, or does an Act whereby he becomes a
Subject or Citizen, or entitled to the Rights or Privileges of a Subject or
Citizen, of a Foreign Power:
(3) If he is adjudged Bankrupt or Insolvent, or applies for the Benefit of any
Law relating to Insolvent Debtors, or becomes a public Defaulter:
(4) If he is attainted of Treason or convicted of Felony or of any infamous
Crime:
(5) If he ceases to be qualified in respect of Property or of Residence;
provided that a Senator shall not be deemed to have ceased to be qualified in
respect of Residence by reason only of his residing at the Seat of the
Government of Canada while holding an Office under that Government requiring
his Presence there.
Section 32 [Filling
Vacancies]
When a vacancy happens in the Senate by Resignation, Death or otherwise, the
Governor General shall by Summons to a fit and qualified Person fill the
Vacancy.
Section 33 [Decisions
on Vacancies]
If any Question arises respecting the Qualification of a Senator or a Vacancy
in the Senate the same shall be heard and determined by the Senate.
Section 34 [Speaker]
The Governor General may from Time to Time, by Instrument under the Great Seal
of Canada, appoint a Senator to be Speaker of the Senate, and may remove him
and appoint another in his Stead.
Section 35 [Quorum]
Until the Parliament of Canada otherwise provides, the Presence of at least
Fifteen Senators, including the Speaker, shall be
necessary to constitute a Meeting of the Senate for the Exercise of its Powers.
Section 36 [Majority]
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.
Section 37
[Membership]
The House of Commons shall, subject to the provisions of this act, consist of
two hundred and eighty-two members of whom ninety-five shall be elected for
Ontario, seventy-five for Quebec, eleven for Nova Scotia, ten for New
Brunswick, fourteen for Manitoba, twenty-eight for British Columbia, four for
Prince Edward Island, twenty-one for Alberta, fourteen for Saskatchewan, seven
for Newfoundland, one for the Yukon Territory and two for the Northwest
Territories.
Section 38 [Sessions]
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.
Section 39
[Horizontal Incompatibility]
A Senator shall not be capable of being elected or of sitting or voting as a
Member of the House of Commons.
Section 40
[Composition]
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 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 Member.
(2) 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 Consolidated 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 Section 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, Section 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.
Section 41 [Electoral
Laws]
Until the Parliament of Canada otherwise provides, all Laws in force in the
several Provinces at the Union 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 House of Assembly or the Legislative Assembly in the
several Provinces,
the Voters at 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.
Section 44 [Speaker]
The House of Commons on its first assembling after a General Election shall
proceed with all practicable Speed to select One of its Members to be Speaker.
Section 45 [Speaker
Vacancy]
In case of a Vacancy happening in the Office of Speaker by Death, Resignation,
or otherwise, the House of Commons shall with all practicable Speed proceed to
elect another of its Members to be Speaker.
Section 46
[Responsibility of Speaker]
The Speaker shall preside at all Meetings of the House of Commons. Section 47
[Speaker Absence]
Until the Parliament of Canada otherwise provides, in case of the Absence for
any 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 Member so elected shall during the Continuance of such
Absence of the Speaker have and execute all the Powers, Privileges, and Duties
of Speaker.
Section 48 [Quorum]
The Presence of at least Twenty Members of the House of Commons shall be
necessary 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.
Section 49 [Majority]
Questions arising in the House of Commons shall be decided by a Majority of
Voices other than that of the Speaker, and when the
Voices are equal, but not otherwise, the Speaker shall have a Vote.
Section 50 [Term]
Every House of Commons shall continue for Five Years from the Day of the Return
of the Writs for choosing the House (subject to be sooner dissolved by the
Governor General), and no longer.
Section 51 [Number of
Members]
(1) The number of members of the House of Commons and the representation of the
provinces therein shall, on the coming into the 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:
1) There shall assigned to each of the provinces a number of members equal to
the number obtained by dividing the total population of the population of the
provinces by two hundred and seventy-nine and by dividing the population of
each province by the quotient so obtained, counting any remainder in excess of
0.50 as one after the said process of division.
2) If the total number of members that would be assigned to a province by the
application of rule 1 is less than the total number assigned to that province
on the date of coming into force of this subsection, there shall be added to
the number of members so assigned such number of members as will result in the
province having the same number of members as were assigned on that date.
(2) The Yukon Territory as bounded and described in the schedule to chapter Y-2
of the Revised Statutes of Canada, 1970, shall be entitled to one member, and
the Northwest Territories as bounded and described in Section 2 of chapter N-22
of the Revised Statutes of Canada, 1970, shall be entitled to two members.
Section 51a [Minimal
Representation]
Notwithstanding anything in this act a province shall always be entitled to a
number of members in the House of Commons not less than the number of senators
representing such province.
Section 52
[Expansion]
The Number of Members of the House of Commons may be from Time to Time
increased by the Parliament of Canada, provided the proportionate
Representation of the Provinces prescribed by this act is not thereby
disturbed.
[Part 3] Money Votes, Royal Assent
Section 53 [Revenue
Relevant Bills]
Bills for appropriating any Part of the Public Revenue, or for imposing any Tax
or Impost, shall originate in the House of Commons.
Section 54
[Recommended Purpose]
It shall not be lawful for the House of Commons to adopt or pass any Vote,
Resolution, 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.
Section 55 [Queen's
Assent]
Where a Bill passed by the Houses of Parliament is presented to the Governor
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.
Section 56
[Disallowance]
Where the Governor General assents to a Bill in the Queen's Name, he shall by
the first convenient Opportunity send an authentic Copy of the Act to one of
Her Majesty's Principal Secretaries of State, and if the Queen in Council
within Two Years after the Receipt 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.
Section 57 [Assent]
A Bill reserved for the Signification of the Queen's Pleasure shall not have
any Force unless and until, within Two Years from the Day on which it was
presented to the Governor 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.
[Chapter V] Provincial Constitutions
[Part 1] Executive Power
Section 58
[Lieutenant Governor]
For each Province there shall be an Officer, styled the Lieutenant Governor,
appointed by the Governor General in Council by Instrument under the Great Seal
of Canada.
Section 59 [Minimum
Tenure]
A Lieutenant Governor shall hold Office during the Pleasure of the Governor
General; but any Lieutenant Governor appointed after the Commencement of the
First Session of the Parliament of Canada shall not be removable Within Five
Years of 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.
Section 60 [Salaries]
The Salaries of the Lieutenant Governors shall be fixed and provided for by the
Parliament of Canada.
Section 61 [Oath of
Allegiance]
Every Lieutenant Governor shall, before assuming the Duties of his Office, make
and subscribe before the Governor General or some
Person authorized by him Oaths of Allegiance and Office similar to those taken
by the Governor General.
Section 62
[Continuity]
The provisions of this act referring to the Lieutenant Governor extend and
apply to the Lieutenant Governor for the Time being of each Province, or other
the Chief Executive Officer or Administrator for the Time being carrying on the
Government of the Province, by whatever Title he is designated.
Section 63 [Executive
Council]
The Executive Council of Ontario and of Quebec shall be composed of such Person
as the Lieutenant Governor from Time to Time thinks fit, and in the first
instance of the following Officers, namely,
the Attorney General,
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, with, in Quebec, the Speaker
of the Legislative Council and the Solicitor General.
Section 64 [Other
Executive Authorities]
The Constitution of the Executive Authority in each of the Provinces of Nova
Scotia and New Brunswick shall, subject to the provisions of this act, continue
as it exists at the Union until altered under the Authority of this act.
Section 65
[Continuity]
All Powers, Authorities, and Functions which under any 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 Upper Canada, Lower Canada, or Canada, were
or are before or at the Union vested in or exerciseable by the respective Governors
or Lieutenant Governors of those Provinces, with the Advice or 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 exerciseable by the Lieutenant
Governors 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.
Section 66 [Advice of
Executive Council]
The provisions of this act referring to the Lieutenant Governor in Council
shall be construed as referring to the Lieutenant Governor of the Province
acting by and with the Advice the Executive Council thereof.
Section 67 [Deputy
Lieutenant Governor]
The Governor General in Council may from Time to Time appoint an Administrator
to execute the office and Functions of Lieutenant Governor during his Absence,
Illness, or other Inability.
Section 68 [Seats of
Provincial Governments]
Unless and Until the Executive Government of any Province otherwise directs
with 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.
[Part 2] Legislative Power
Section 69
[Legislative Assembly]
There shall be a Legislature for Ontario consisting of the Lieutenant Governor
and of One House, styled the Legislative Assembly of Ontario.
Section 70
[Membership, Districts]
The Legislative Assembly of Ontario shall be composed of Eighty-two Members, to
be elected to represent the Eighty-two Electoral Districts set forth in the
First Schedule to this act.
Section 71 [Two
Houses]
There shall be a Legislature for Quebec consisting of the Lieutenant Governor
and of Two Houses, styled the Legislative Council of Quebec and the Legislative
Assembly of Quebec.
Section 72
[Legislative Council]
The Legislative Council of Quebec shall be composed of Twenty-four Members, to
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.
Section 73
[Qualification]
The Qualifications of the Legislative Councillors of Quebec shall be the same
as those of the Senators for Quebec.
Section 74 [Vacancy]
The Place of a Legislative Councillor of Quebec shall become vacant in the
Cases, mutatis mutandis, in which the Place of Senator becomes vacant.
Section 75 [Filling
Vacancies]
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.
Section 76 [Decisions
on Vacancies]
If any Question arises respecting the Qualification of a Legislative Councillor
of Quebec, or a Vacancy in the Legislative Council of Quebec, the same shall be
heard and determined by the Legislative Council.
Section 77 [Speaker]
The Lieutenant Governor may from Time to Time, by Instrument under the Great
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.
Section 78 [Quorum]
Until the Legislature of Quebec otherwise provides, the Presence of at least
Ten Members of the Legislative Council, including the Speaker, shall be
necessary to constitute a Meeting for the Exercise of its Powers.
Section 79 [Majority]
Questions arising in the Legislative Council of Quebec 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.
Section 80
[Legislative Assembly]
The Legislative Assembly of Quebec shall be composed of Sixty-five Members, to
be elected to represent the Sixty-five Electoral Divisions or Districts of
Lower Canada in 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.
Section 82
[Legislative Assembly Sessions]
The Lieutenant Governor of Ontario and of Quebec shall from Time to Time, in
the Queen's Name, by Instrument under the Great Seal of the Province, summon
and call together the Legislative Assembly of the Province.
Section 83
[Incompatibility]
Until the Legislature of Ontario or of Quebec otherwise provides, a Person
accepting or holding in Ontario or in Quebec any Office, Commission, or Employment,
permanent or temporary, at the Nomination of the Lieutenant Governor, to which
annual Salary, or 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 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.
Section 84 [Electoral
Laws]
Until the Legislatures of Ontario and Quebec respectively otherwise provide,
all 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 and 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 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.
Section 85 [Term]
Every Legislative Assembly of Ontario and every Legislative Assembly of Quebec
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.
Section 86 [Minimum
of Sessions]
There shall be a Session of the Legislature of Ontario and of that of Quebec
once at 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.
Section 87
[Applicable Laws]
The following provisions of this act respecting the House of Commons of Canada
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 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.
[Title 4] Nova Scotia and New Brunswick
Section 88 [Continuity]
The Constitution of the Legislature of each of the Provinces of Nova Scotia and
New Brunswick shall, subject to the Provision of this act, continue as it
exists at the Union until altered under the Authority of this act.
Section 90
[Applicable Laws]
The following provisions of this act respecting the Parliament of Canada,
namely,
the Provisions relating to Appropriation and Tax Bills,
the Recommendation of Money Votes,
the Assent to Bills,
the Disallowance of Acts, and
the Signification of Pleasure on 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.
[Chapter VI] Distribution of Legislative Powers
Section 91 [National
Legislative Powers]
It shall be lawful for the Queen, by and with the Advice and Consent of the
Senate and House of Commons, to make laws for the Peace, Order, and good
Government of 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,
1) {...}
1A) The Public Debt and Property.
2) The Regulation of Trade and Commerce.
2A) Unemployment insurance.
3) The raising of Money by any Mode or System of Taxation.
4) The borrowing of Money on the Public Credit.
5) Postal Service.
6) The Census and Statistics.
7) Militia, Military and Naval Service, and Defence.
8) The fixing of and providing for the Salaries and Allowances of Civil and
other Officers of the Government of Canada,
9) Beacons, Buoys, Lighthouses, and Sable Island.
10) Navigation and Shipping.
11) Quarantine and the Establishment and Maintenance of Marine Hospitals.
12) Sea Coast and Inland Fisheries.
13) Ferries between a Province and any British or Foreign Country or between
Two Provinces.
14) Currency and Coinage.
15) Banking, Incorporation of Banks, and the Issue of Paper Money.
16) Savings Banks.
17) Weights and Measures.
18) Bills of Exchange and Promissory Notes.
19) Interest.
20) Legal Tender.
21) Bankruptcy and Insolvency.
22) Patents of Invention and Discovery.
23) Copyrights.
24) Indians, and Lands reserved for the Indians.
25) Naturalization and Aliens.
26) Marriage and Divorce.
27) The Criminal Law, except the Constitution of Courts of Criminal
Jurisdiction, but including the Procedure in Criminal Matters.
28) The Establishment, Maintenance, and Management of Penitentiaries.
29) Such Classes of Subjects as are expressly excepted in the Enumeration of
the Classes of Subjects by this act assigned exclusively to the Legislatures of
the Provinces.
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.
Section 92
[Provincial Legislative Powers]
In each Province the Legislature may exclusively make Laws in relation to
Matters coming within the Classes of Subject next hereinafter enumerated; that
is to say,
1) {...}
2) Direct Taxation within the Province in order to the raising of a Revenue for
Provincial Purposes.
3) The borrowing of Money on the sole Credit of the Province.
4) The Establishment and Tenure of Provincial Offices and the Appointment and
Payment of Provincial Officers.
5) The Management and Sale of the Public Lands belonging to the Province and of
the Timber and Wood thereon.
6) The Establishment, Maintenance, and Management of Public and Reformatory
Prisons in and for the Province.
7) The Establishment, Maintenance, and Management of Hospitals, Asylums,
Charities, and Eleemosynary Institutions in and for the Province, other than
Marine Hospitals.
8) Municipal Institutions in the Province.
9) Shop, Saloon, Tavern, Auctioneer, and other Licences in order to the raising
of a Revenue for Provincial, Local, or Municipal Purposes.
10) Local Works and Undertakings other than such as are of the following
Classes:
(a) Lines of Steam or other Ships, Railways, Canals, and other Works and
Undertakings connecting the Province with any other or others of the Provinces,
or extending beyond the Limits of the Province;
(b) Lines of Steam Ships between the Province and any British or Foreign
Country;
(c) Such Works as, although wholly situate within the Province, are before or
after the Execution declared by the Parliament of Canada to be for the general
Advantage of Canada or for the Advantage of Two or more of the Provinces.
11) The Incorporation of Companies with Provincial Objects.
12) The Solemnization of Marriage in the Province.
13) Property and Civil Rights in the Province.
14) The Administration of Justice in the Province, including the Constitution,
Maintenance, and Organization of Provincial Courts, both of Civil and of
Criminal Jurisdiction, and including Procedure in Civil Matters in those
Courts.
15) The Imposition of Punishment by Fine, Penalty, or Imprisonment for
enforcing any Law of the Province made in relation to any Matter coming within
any of the Classes of Subjects enumerated in this section.
16) Generally all Matters of a merely local or private Nature in the Province.
17) Non-Renewable Natural Resources, Forestry Resources and Electrical Energy.
Section 92a
[Additional Provincial Legislative Powers]
(1) In each province, the legislature may exclusively make laws in relation to
(a) exploration for non-renewable natural resources in the province;
(b) development, conservation and management of non-renewable resources natural
resources and forestry resources in the province, including laws in relation to
the rate of primary production therefrom; and
(c) development, conservation and management of sites and facilities in the
province for the generation and production of electrical energy.
(2) In each province, the legislature may make laws in relation to the export
from the 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.
(3) Nothing in Subsection (2) derogates from the authority of Parliament to
enact laws in 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.
(4) In each province, the legislature may make laws in relation to the raising
of money by any mode or system of taxation in respect of
(a) non-renewable natural resources and forestry resources in the province and
the primary production therefrom, and
(b) sites and facilities in the province for the generation of electrical
energy and the production therefrom, 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.
(5) The expression "primary production" has the meaning assigned by
the Sixth Schedule.
(6) Nothing in Subsections (1) to (5) derogates from any power or rights that a
legislature or government of a province had immediately before the coming into
force of this section.
Section 93
[Education]
In and for each Province the Legislature may exclusively make Laws in relation
to Education, subject and according to the following Provisions:
(1) Nothing in any such Law shall prejudicially affect any Right or Privilege
with respect to Denominational Schools which any Class of Persons have by Law
in the Province at the Union:
(2) All the Powers, Privileges and Duties at the Union by Law conferred and
imposed in Upper Canada on the Separate Schools and School Trustees of the
Queen's Roman Catholic Subjects shall be and the same are hereby extended to
the Dissentient Schools of the Queen's Protestant and Roman Catholic Subjects
in Quebec:
(3) Where in any Province a System of Separate or Dissentient Schools exists by
Law at the Union or is thereafter established by the Legislature of the
Province, an Appeal shall lie to the Governor General in Council from any Act
or Decision of any Provincial Authority affecting any Right or Privilege of the
Protestant or Roman Catholic Minority of the Queen's Subjects in relation to
Education:
(4) In case any such Provincial Law as from Time to Time seems to the Governor
General in Council requisite for the Execution of the Provisions of this
section is not 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 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.
Section 94
[Uniformity of Laws in Ontario, Nova Scotia, and New Brunswick]
Notwithstanding anything in this act, the Parliament of Canada may make
Provision for the Uniformity of all or any of the Laws relative to Property and
Civil Rights in Ontario, 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.
Section 94a [Old Age
Pensions]
The Parliament of Canada may make laws in relation to old age pensions and
supplementary benefits, including survivors, and disability benefits
irrespective of age, but no such law shall affect the operation of any law
present or future of a provincial legislature in relation to any such matters.
Section 95
[Agriculture and Immigration]
In each Province the Legislature may make Laws in relation to Agriculture in
the Province, and to Immigration into the Province; and it is hereby declared
that the Parliament of Canada may from Time to Time Make Laws in relation to
Agriculture in all or any of the 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 as it is not repugnant to any Act of the Parliament of Canada.
Section 96
[Appointment]
The Governor General shall appoint the Judges of the Superior, District, and
County Courts in each Province, except those of the Courts of Probate in Nova
Scotia and New Brunswick.
Section 97 [Selection
of Judges]
Until the laws relative to Property and Civil Rights in Ontario, Nova Scotia,
and New 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.
Section 98 [Selection
in Quebec]
The Judges of the Courts of Quebec shall be selected from the Bar of that
Province.
Section 99 [Tenure]
(1) Subject to Subsection (2), 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.
(2) A Judge of a Superior Court, whether appointed before or after the coming
into force 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.
Section 100 [Salary]
The Salaries, Allowances, and Pensions of the Judges of the Superior, District,
and County Courts (except the Courts of Probate in Nova Scotia and New
Brunswick), and of the Admiralty Courts in Cases where the Judges thereof are
being paid by Salary, shall be fixed and provided by the Parliament of Canada.
Section 101 [Courts,
General Court of Appeal]
The Parliament of Canada may, notwithstanding anything in this act, from Time
to 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.
[Chapter VIII] Revenues, Debts, Assets, Taxation
Section 102
[Consolidated Revenue Fund]
All Duties and Revenues over which the respective Legislatures of Canada, Nova
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 of this act provided.
Section 103 [First
Charge: Costs]
The Consolidated Revenue Fund of Canada shall be permanently charged with the
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.
Section 104 [Second
Charge: Public Debts]
The annual Interest of the Public Debts of the several Provinces of Canada,
Nova Scotia, and New Brunswick at the Union shall form the Second Charge on the
Consolidated Revenue Fund of Canada.
Section 105 [Third
Charge: Governor General Salary]
Unless altered by the Parliament of Canada, the Salary of the Governor General
shall 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.
Section 106 [Public
Service]
Subject to the several Payments by this act charged on the Consolidated Revenue
Fund of Canada, the same shall be appropriated by the Parliament of Canada for
the Public Service.
Section 107
[Provincial Funds]
All Stocks, Cash, Banker's Balances, and Securities for Money belonging to each
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.
Section 108
[Provincial Property]
The Public Works and Property of each Province, enumerated in the Third
Schedule to this act, shall be the Property of Canada.
Section 109
[Provincial Interests]
All Lands, Mines, Minerals, and Royalties belonging to the several Provinces of
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.
Section 110
[Provincial Assets]
All Assets connected with such Portions of the Public Debt of each Province as
are assumed by that Province shall belong to that Province.
Section 111 [Canadian
Liability]
Canada shall be liable for the Debts and Liabilities of each Province existing
at the Union.
Section 112
[Provincial Liability]
Ontario and Quebec conjointly shall be liable to Canada for the Amount (if any)
by 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.
Section 113 [Special
Provincial Property]
The Assets enumerated in the Fourth Schedule to this act belonging at the Union
to the Province of Canada shall be the Property of Ontario and Quebec
conjointly.
Section 114 [Nova Scotia
Liability]
Nova Scotia shall be liable to Canada for the Amount (if any) by which its
Public Debt exceeds at the Union Eight million Dollars, and shall be charged
with Interest at the Rate of Five per Centum per Annum thereon.
Section 115 [New
Brunswick Liability]
New Brunswick shall be liable to Canada for the Amount (if any) by which its
Public Debt exceeds at the Union Seven million Dollars, and shall be charged
with Interest at the Rate of Five per Centum per Annum thereon.
Section 116
[Provincial Receipts]
In case the Public Debts of Nova Scotia and New Brunswick do not at the Union
amount to Eight million and Seven million Dollars respectively, they shall
respectively receive 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.
Section 117 [Other
Public Property, Defence Property]
The several Provinces shall retain all their respective Public Property not
otherwise 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.
Section 119 [New
Brunswick Allowance]
New Brunswick shall receive by half-yearly Payments in advance from Canada for
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.
Section 120
[Payments]
All Payments to be made under this act, or in discharge of Liabilities created
under 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 be from Time to Time
be ordered by the Governor General in Council.
Section 121 [Freedom
of Goods]
All Articles of the Growth, Produce, or Manufacture of any one of the Provinces
shall, from and after the Union, be admitted free into each of the other
Provinces.
Section 122
[Continuation of Customs]
The Customs and Excise Laws of each Province shall, subject to the provisions
of this act, continue in force until altered by the Parliament of Canada.
Section 123 [Internal
Customs Duties]
Where Customs Duties are, at the Union, leviable on any Goods, Wares, or
Merchandises in any Two Provinces, those Goods, Wares, or Merchandises may,
from and 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.
Section 124 [New
Brunswick Lumber Dues]
Nothing in this act shall affect the Right of New Brunswick to levy the Lumber
Dues provided in Chapter Fifteen of Title Three of the Revised Statutes of New
Brunswick, 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.
Section 125 [No
Property Taxation]
No Lands or Property belonging to Canada or any Province shall be liable to
Taxation.
Section 126
[Provincial Revenue Funds]
Such Portions of the Duties and Revenues over which the respective Legislatures
of 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.
[Chapter IX] Miscellaneous Provisions
[Part 1] General
Section 128 [Oath of
Allegiance]
Every Member of the Senate or House of Commons of Canada shall before taking
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 other Person authorized by
him, the Declaration of Qualification contained in the same Schedule.
Section 129
[Continuity]
Except as otherwise provided by this act, all Laws in force in Canada, Nova
Scotia, or New Brunswick at the Union, and all Courts of Civil and Criminal
Jurisdiction, and all 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 respective Provinces, according to the Authority of the
Parliament or of that Legislature under this act.
Section 130 [Officers
of Canada]
Until the Parliament of Canada otherwise provides, all Officers of the several
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
Legislature 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.
Section 131
[Nomination]
Until the Parliament of Canada otherwise provides, the Governor General in
Council may from Time to Time appoint such Officers as
the Governor General in Council deems necessary for the Effectual Execution of
this act.
Section 132 [Foreign
Affairs]
The Parliament and Government of Canada shall have all Powers necessary or
Proper 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.
Section 133 [Official
Languages]
Either the English or the French Language may be used by any Person in the
Debates 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.
[Part 2] Ontario and Quebec
Section 134
[Provincial Officers]
Until the Legislature of Ontario or of Quebec otherwise provides, the
Lieutenant Governors of Ontario and Quebec may each appoint under the Great
Seal of the Province the following Officers, to hold Office during Pleasure,
that is to say,
the Attorney General,
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.
Section 135
[Continuing Powers]
Until the Legislature of Ontario or Quebec otherwise provides, all Rights,
Powers, 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 the 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 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.
Section 136 [Great
Seals]
Until altered any 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.
Section 137
[Transitional Provisions]
The words "and from thence to the End of the then next ensuing Session of
the 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.
Section 138
[Upper/Lower Canada]
From and after the Union the Use of the Words "Upper Canada", instead
of "Ontario," or "Lower Canada" instead of
"Quebec," in any Deed, Writ, Process, Pleading, Document, Matter, or
Thing shall not invalidate the same.
Section 139 [Great
Seal Proclamations]
Any Proclamation under the Great Seal of the Province of Canada issued before
the Union to take effect at a Time which is subsequent to the Union, whether
relating to that Province, or to Upper Canada, or to Lower Canada, and the
several Matters and Things therein proclaimed, shall be and continue of like
Force and Effect as if the Union had not been made.
Section 140
[Legislative Proclamations]
Any Proclamation which is authorized by any Act Of the Legislature of the
Province 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 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.
Section 141
[Penitentiary]
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.
Section 142 [Debts]
The Division and Adjustment of the Debts, Credits, Liabilities, Properties, and
Assets 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.
Section 143 [Records]
The Governor General in Council may from Time to Time order that such and so
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.
Section 144
[Townships]
The Lieutenant Governor of Quebec may from Time to Time, by Proclamation under
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.
[Chapter X] Admission of other colonies
Section 146 [Eligible
Colonies]
It shall be lawful for the Queen, by and with the Advice of Her Majesty's Most
Honourable Privy Council, on Addresses from the Houses of the Parliament of
Canada, and 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.
Section 147
[Procedures]
In case of the Admission of Newfoundland and Prince Edward Island, or either of
them, each shall be entitled to a Representation in the Senate of Canada of
Four Newfoundland Members, and (notwithstanding anything in this act) in case
of the Admission of Newfoundland the normal Number Of Senators shall be
Seventy-six and their maximum Number shall be Eighty-two; but Prince Edward
Island when admitted shall be deemed to be comprised in the Third of 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.
Schedule 5 [Oaths]
(1) Oath of Allegiance: "I do swear, That I will be faithful and bear
true Allegiance to Her Majesty Queen Victoria." 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.
(2) Declaration of Qualification: "I 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."