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Short title
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1.
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This Act may be cited as the
Constitution Act, 1867.
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[Repealed]
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2.
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Repealed.
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Declaration of Union
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3.
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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 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; and on and after
that Day those Three Provinces shall form and be One Dominion under
that Name accordingly.
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Construction of
subsequent Provisions of Act
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4.
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Unless it is otherwise expressed or
implied, the Name Canada shall be taken to mean Canada as
constituted under this Act.
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Four Provinces
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5.
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Canada shall be divided into Four
Provinces, named Ontario, Quebec, Nova Scotia, and New Brunswick.
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Provinces of Ontario
and Quebec
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6.
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The Parts of the Province of Canada (as
it exists at the passing of this Act) which 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.
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Provinces of Nova
Scotia and New Brunswick
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7.
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The Provinces of Nova Scotia and New
Brunswick shall have the same Limits as at the passing of this Act.
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Decennial Census
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8.
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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 in every Tenth Year
thereafter, the respective Populations of the Four Provinces shall
be distinguished.
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Declaration of
Executive Power in the Queen
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9.
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The Executive Government and Authority
of and over Canada is hereby declared to continue and be vested in
the Queen.
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Application of
Provisions referring to Governor General
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10.
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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.
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Constitution of
Privy Council for Canada
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11.
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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.
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All Powers under
Acts to be exercised by Governor General with Advice of Privy
Council, or alone
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12.
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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 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.
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Application of
Provisions referring to Governor General in Council
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13.
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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.
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Power to Her Majesty
to authorize Governor General to appoint Deputies
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14.
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It shall be lawful for the Queen, if
Her Majesty thinks fit, to authorize the Governor General from Time
to Time to 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 to 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.
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Command of Armed
Forces to continue to be vested in the Queen
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15.
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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 and be vested in the Queen.
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Seat of Government
of Canada
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16.
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Until the Queen otherwise directs, the
Seat of Government of Canada shall be Ottawa.
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Constitution of
Parliament of Canada
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17.
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There shall be One Parliament for
Canada, consisting of the Queen, an Upper House styled the Senate,
and the House of Commons.
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Privileges, etc., of
Houses
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18.
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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.
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First Session of the
Parliament of Canada
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19.
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The Parliament of Canada shall be
called together not later than Six Months after the Union.
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[Repealed]
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20.
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Repealed.
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THE SENATE |
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Number of Senators
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21.
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The Senate shall, subject to the
Provisions of this Act, consist of One Hundred and five Members, who
shall be styled Senators.
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Representation of
Provinces in Senate
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22.
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In relation to the Constitution of the
Senate Canada shall be deemed to consist of Four Divisions:
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Ontario;
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Quebec;
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The Maritime
Provinces, Nova Scotia and New Brunswick,
and Prince Edward Island;
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The Western
Provinces of Manitoba, British Columbia,
Saskatchewan, and Alberta;
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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 Divisions of Lower Canada specified in
Schedule A. to Chapter One of the Consolidated Statutes of Canada.
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Qualifications of
Senator
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23.
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The Qualifications of a Senator shall
be as follows:
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He shall be of
the full age of Thirty Years:
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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:
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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:
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His Real and
Personal Property shall be together worth
Four thousand Dollars over and above his
Debts and Liabilities:
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He shall be
resident in the Province for which he is
appointed:
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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.
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Summons of Senator
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24.
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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.
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[Repealed]
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25.
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Repealed.
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Addition of Senators
in certain cases
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26.
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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.
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Reduction of Senate
to normal Number
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27.
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In case of such Addition being at any
Time made, the Governor General shall not 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.
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Maximum Number of
Senators
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28.
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The Number of Senators shall not at any
Time exceed One Hundred and thirteen. |
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Tenure of Place in
Senate
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29.
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(1) Subject to subsection (2), a
Senator shall, subject to the provisions of this Act, hold his place
in the Senate for life.
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Retirement upon
attaining age of seventy-five years
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(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.
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Resignation of Place
in Senate
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30.
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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.
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Disqualification of
Senators
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31.
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The Place of a Senator shall become
vacant in any of the following Cases:
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If for Two consecutive
Sessions of the Parliament he fails to give his
Attendance in the Senate:
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If he takes an Oath or
makes a Declaration or Acknowledgment 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:
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If he is adjudged Bankrupt
or Insolvent, or applies for the Benefit of any Law
relating to Insolvent Debtors, or becomes a public
Defaulter:
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If he is attainted of
Treason or convicted of Felony or of any infamous Crime:
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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.
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Summons on Vacancy
in Senate
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32.
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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.
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Questions as to
Qualifications and Vacancies in Senate
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33.
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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.
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Appointment of
Speaker of Senate
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34.
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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.
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Quorum of Senate
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35.
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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.
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Voting in Senate
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36.
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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.
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THE HOUSE OF COMMONS |
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Constitution of
House of Commons in Canada
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37.
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The House of Commons shall, subject to
the Provisions of this Act, consist of two hundred and ninety-five
members of whom ninety-nine shall be elected for Ontario,
seventy-five for Quebec, eleven for Nova Scotia, ten for New
Brunswick, fourteen for Manitoba, thirty-two for British Columbia,
four for Prince Edward Island, twenty-six for Alberta, fourteen for
Saskatchewan, seven for Newfoundland, one for the Yukon Territory
and two for the Northwest Territories.
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Summoning of House
of Commons
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38.
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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.
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Senators not to sit
in House of Commons
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39.
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A Senator shall not be capable of being
elected or of sitting or voting as a Member of the House of Commons.
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Electoral districts
of the four Provinces
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40.
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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 Member.
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
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
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.
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Continuance of
existing Election Laws until Parliament of Canada otherwise provides
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41.
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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 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. |
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[Repealed]
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42.
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Repealed.
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[Repealed]
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43.
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Repealed.
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As to Election of
Speaker of House of Commons
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44.
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The House of Commons on its first
assembling after a General Election shall proceed with all
practicable Speed to elect One of its Members to be Speaker.
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As to filling up
Vacancy in Office of Speaker
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45.
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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.
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Speaker to preside
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46.
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The Speaker shall preside at all
Meetings of the House of Commons.
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Provision in case of
Absence of Speaker
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47.
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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.
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Quorum of House of
Commons
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48.
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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.
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Voting in House of
Commons
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49.
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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.
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Duration of House of
Commons
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50.
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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.
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Readjustment of
representation in Commons
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51.
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(1) The number of members of the House
of Commons and the representation of the 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:
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Rules
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There shall be assigned to each
of the provinces a number of members equal to the number
obtained by dividing the total 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.
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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.
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Yukon Territory,
Northwest Territories and Nunavut
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(2) The Yukon Territory as bounded and
described in the schedule to chapter Y-2 of the Revised Statutes of
Canada, 1985, shall be entitled to one member, the Northwest
Territories 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.
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Constitution of
House of Commons
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51A.
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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.
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Increase of Number
of House of Commons
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52.
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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.
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MONEY VOTES; ROYAL ASSENT |
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Appropriation and
Tax Bills
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53.
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Bills for appropriating any Part of the
Public Revenue, or for imposing any Tax or Impost, shall originate
in the House of Commons.
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Recommendation of
Money Votes
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54.
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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.
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Royal Assent to
Bills, etc.
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55.
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Where a Bill passed by the Houses of
the 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.
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Disallowance by
Order in Council of Act assented to by Governor General
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56.
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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 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.
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Signification of
Queen's Pleasure on Bill reserved
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57.
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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.
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EXECUTIVE POWER |
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Appointment of
Lieutenant Governors of Provinces
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58.
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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.
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Tenure of Office of
Lieutenant Governor
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59.
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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 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.
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Salaries of
Lieutenant Governors
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60.
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The Salaries of the Lieutenant
Governors shall be fixed and provided by the Parliament of Canada.
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Oaths, etc., of
Lieutenant Governor
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61.
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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.
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Application of
Provisions referring to Lieutenant Governor
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62.
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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.
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Appointment of
Executive Officers for Ontario and Quebec
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63.
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The Executive Council of Ontario and of
Quebec shall be composed of such Persons 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.
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Executive Government
of Nova Scotia and New Brunswick
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64.
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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.
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Powers to be
exercised by Lieutenant Governor of Ontario or Quebec with Advice,
or alone
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65.
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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 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.
|
|
Application of
Provisions referring to Lieutenant Governor in Council
|
66.
|
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 of the Executive Council thereof.
|
|
Administration in
Absence, etc., of Lieutenant Governor
|
67.
|
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.
|
|
Seats of Provincial
Governments
|
68.
|
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.
|
| |
|
LEGISLATIVE POWER
1. ONTARIO |
|
Legislature for
Ontario
|
69.
|
There shall be a Legislature for
Ontario consisting of the Lieutenant Governor and of One House,
styled the Legislative Assembly of Ontario.
|
|
Electoral districts
|
70.
|
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.
|
| |
|
2. QUEBEC |
|
Legislature for
Quebec |
71. |
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. |
|
Constitution of
Legislative Council |
72. |
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. |
|
Qualification of
Legislative Councillors |
73. |
The Qualifications of the Legislative
Councillors of Quebec shall be the same as those of the Senators for
Quebec. |
|
Resignation,
Disqualification, etc. |
74. |
The Place of a Legislative Councillor
of Quebec shall become vacant in the Cases, 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
Vacancies, etc. |
76. |
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. |
|
Speaker of
Legislative Council |
77. |
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. |
|
Quorum of
Legislative Council |
78. |
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. |
|
Voting in
Legislative Council |
79. |
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.
|
|
Constitution of
Legislative Assembly of Quebec
|
80. |
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.
|
| |
|
3. ONTARIO AND QUEBEC |
|
[Repealed]
|
81. |
Repealed. |
|
Summoning of
Legislative Assemblies |
82. |
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.
|
|
Restriction on
election of Holders of offices
|
83. |
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 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 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. |
|
Continuance of
existing Election Laws |
84. |
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 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. |
|
Duration of
Legislative Assemblies |
85. |
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. |
|
Yearly Session of
Legislature |
86. |
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. |
|
Speaker, Quorum,
etc. |
87. |
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 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
Legislatures of Nova Scotia and New Brunswick |
88. |
The Constitution of the Legislature of
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.
|
| |
|
5. ONTARIO, QUEBEC, AND NOVA SCOTIA |
|
[Repealed]
|
89. |
Repealed.
|
| |
|
6. THE FOUR PROVINCES |
|
Application to
Legislatures of Provisions respecting Money Votes, etc.
|
90. |
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.
|
| |
|
|
| |
|
POWERS OF THE PARLIAMENT |
|
Legislative
Authority of Parliament of Canada
|
91. |
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.
|
Repealed. |
| 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.
|
| |
|
EXCLUSIVE POWERS OF PROVINCIAL LEGISLATURES |
|
Subjects of
exclusive Provincial Legislation |
92. |
In each Province the Legislature may
exclusively make Laws in relation to Matters coming within the
Classes of Subjects next hereinafter enumerated; that is to say,
| 1.
|
Repealed. |
| 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, Telegraphs, 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 their 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.
|
|
| |
|
NON-RENEWABLE NATURAL RESOURCES,
FORESTRY RESOURCES AND ELECTRICAL ENERGY |
|
Laws respecting
non-renewable natural resources, forestry resources and electrical
energy |
92A. |
(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 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.
|
|
|
Export from
provinces of resources |
|
(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. |
|
Authority of
Parliament |
|
(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. |
|
Taxation of
resources |
|
(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. |
|
"Primary production"
|
|
(5) The expression "primary production"
has the meaning assigned by the Sixth Schedule. |
|
Existing powers or
rights |
|
(6) Nothing in subsections (1) to (5)
derogates from any powers or rights that a legislature or government
of a province had immediately before the coming into force of this
section.
|
| |
|
EDUCATION |
|
Legislation
respecting Education |
93. |
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 due 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 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.
|
|
|
Quebec
|
93A. |
Paragraphs (1) to (4) of section 93 do
not apply to Quebec.
|
| |
|
UNIFORMITY OF LAWS IN ONTARIO,
NOVA SCOTIA, AND NEW BRUNSWICK |
|
Legislation for
Uniformity of Laws in Three Provinces |
94. |
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.
|
| |
|
OLD AGE PENSIONS |
|
Legislation
respecting old age pensions and supplementary benefits
|
94A. |
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 matter.
|
| |
|
AGRICULTURE AND IMMIGRATION |
|
Concurrent Powers of
Legislation respecting Agriculture, etc. |
95. |
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 only as it is not
repugnant to any Act of the Parliament of Canada.
|
| |
|
|
|
Appointment of
Judges
|
96. |
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. |
|
Selection of Judges
in Ontario, etc. |
97. |
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. |
|
Selection of Judges
in Quebec |
98. |
The Judges of the Courts of Quebec
shall be selected from the Bar of that Province. |
|
Tenure of office of
Judges |
99. |
(1) Subject to subsection two of this
section, 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.
|
|
Termination at age
75 |
|
(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. |
|
Salaries, etc., of
Judges |
100. |
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 for the Time
being paid by Salary, shall be fixed and provided by the Parliament
of Canada. |
|
General Court of
Appeal, etc. |
101. |
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.
|
| |
|
|
|
Creation of
Consolidated Revenue Fund |
102. |
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 in this
Act provided. |
|
Expenses of
Collection, etc. |
103. |
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. |
|
Interest of
Provincial Public Debts |
104. |
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. |
|
Salary of Governor
General |
105. |
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. |
|
Appropriation from
Time to Time |
106. |
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. |
|
Transfer of Stocks,
etc. |
107. |
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. |
|
Transfer of Property
in Schedule |
108. |
The Public Works and Property of each
Province, enumerated in the Third Schedule to this Act, shall be the
Property of Canada. |
|
Property in Lands,
Mines, etc. |
109. |
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. |
|
Assets connected
with Provincial Debts |
110. |
All Assets connected with such Portions
of the Public Debt of each Province as are assumed by that Province
shall belong to that Province. |
|
Canada to be liable
for Provincial Debts |
111. |
Canada shall be liable for the Debts
and Liabilities of each Province existing at the Union. |
|
Debts of Ontario and
Quebec |
112. |
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. |
|
Assets of Ontario
and Quebec |
113. |
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. |
|
Debt of Nova Scotia
|
114. |
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. |
|
Debt of New
Brunswick |
115. |
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. |
|
Payment of interest
to Nova Scotia and New Brunswick |
116. |
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. |
|
Provincial Public
Property |
117. |
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. |
|
[Repealed]
|
118. |
Repealed. |
|
Further Grant to New
Brunswick |
119. |
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. |
|
Form of Payments
|
120. |
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 from Time
to Time be ordered by the Governor General in Council. |
|
Canadian
Manufactures, etc. |
121. |
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. |
|
Continuance of
Customs and Excise Laws |
122. |
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. |
|
Exportation and
Importation as between Two Provinces |
123. |
Where Customs Duties are, at the Union,
leviable on any Goods, Wares, or Merchandises in any Two Provinces,
those Goods, Wares, and 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. |
|
Lumber Dues in New
Brunswick |
124. |
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. |
|
Exemption of Public
Lands, etc. |
125. |
No Lands or Property belonging to
Canada or any Province shall be liable to Taxation. |
|
Provincial
Consolidated Revenue Fund |
126. |
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.
|
| |
|
|
| |
|
GENERAL |
|
[Repealed]
|
127. |
Repealed. |
|
Oath of Allegiance,
etc. |
128. |
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 Person authorized by him, the Declaration
of Qualification contained in the same Schedule. |
|
Continuance of
existing Laws, Courts, Officers, etc. |
129. |
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 Province, according to the Authority
of the Parliament or of that Legislature under this Act. |
|
Transfer of Officers
to Canada |
130. |
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 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. |
|
Appointment of new
Officers |
131. |
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 or proper for the effectual Execution of this Act. |
|
Treaty Obligations
|
132. |
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. |
|
Use of English and
French Languages |
133. |
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.
|
| |
|
ONTARIO AND QUEBEC |
|
Appointment of
Executive Officers for Ontario and Quebec |
134. |
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. |
|
Powers, Duties, etc.
of Executive Officers |
135. |
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
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. |
|
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
temporary Acts |
137. |
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. |
|
As to Errors in
Names |
138. |
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. |
|
As to issue of
Proclamations before Union, to commence after Union
|
139. |
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. |
|
As to issue of
Proclamations after Union |
140. |
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 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. |
|
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. |
|
Arbitration
respecting Debts, etc. |
142. |
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. |
|
Division of Records
|
143. |
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. |
|
Constitution of
Townships in Quebec |
144. |
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.
|
| |
|
|
|
[Repealed]
|
145. |
Repealed.
|
| |
|
|
|
Power to admit
Newfoundland, etc., into the Union |
146. |
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. |
|
As to Representation
of Newfoundland and Prince Edward Island in Senate
|
147. |
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
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 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 Princ |
