Constitution Acts 1867 to 1982 of Canada
Note:
Canada has no written constitution. Rather, its constitutional law
comprises a series of acts referenced herein; from the Canadian
Department of Justice.
NOTES
(1) |
The
enacting clause was repealed by the Statute Law Revision Act, 1893,
56-57 Vict., c. 14 (U.K.). It read as follows:
Be it therefore enacted
and declared by the Queen's most
Excellent Majesty, by and with the Advice and Consent of the Lords
Spiritual and Temporal, and Commons, in this present Parliament
assembled, and by the Authority of the same, as follows: |
(2) |
As enacted by the Constitution
Act, 1982, which came into force on April 17, 1982. The section, as
originally enacted, read as follows:
1. This Act may be cited as The British North
America Act, 1867. |
(3) |
Section 2, repealed
by the Statute
Law Revision Act, 1893, 56-57 Vict., c. 14 (U.K.), read as follows:
2. The
Provisions of this Act referring to Her
Majesty the Queen extend also to the Heirs and Successors of Her
Majesty, Kings and Queens of the United Kingdom of Great Britain and
Ireland. |
(4) |
The first day of July, 1867, was fixed
by
proclamation dated May 22, 1867.
|
(5) |
Partially repealed
by the Statute
Law Revision Act, 1893, 56-57 Vict., c. 14 (U.K.). As originally
enacted the section read as follows:
4. The
subsequent Provisions of this Act shall,
unless it is otherwise expressed or implied, commence and have effect
on and after the Union, that is to say, on and after the Day appointed
for the Union taking effect in the Queen's Proclamation; and in the
same Provisions, unless it is otherwise expressed or implied, the Name
Canada shall be taken to mean Canada as constituted under this Act. |
(6) |
Canada now consists
of
ten
provinces (Ontario, Quebec, Nova Scotia, New Brunswick, Manitoba,
British Columbia, Prince Edward Island, Alberta, Saskatchewan and
Newfoundland) and two territories (the Yukon Territory and the
Northwest Territories).
The first
territories added to the Union were Rupert's
Land and the North-Western Territory, (subsequently designated the
Northwest Territories), which were admitted pursuant to section 146 of
the Constitution Act, 1867 and the Rupert's Land Act, 1868,
31-32 Vict., c. 105 (U.K.), by the Rupert's Land and North-Western
Territory Order of June 23, 1870, effective July 15, 1870. Prior to
the admission of those territories the Parliament of Canada enacted An
Act for the temporary Government of Rupert's Land and the North-Western
Territory when united with Canada (32-33 Vict., c. 3), and the Manitoba
Act, 1870, (33 Vict., c. 3), which provided for the formation of
the Province of Manitoba.
British Columbia was
admitted into the Union pursuant to
section 146 of the Constitution Act, 1867, by the British
Columbia Terms of Union, being Order in Council of May 16, 1871,
effective July 20, 1871.
Prince Edward Island
was admitted pursuant to section 146
of the Constitution Act, 1867, by the Prince Edward Island
Terms of Union, being Order in Council of June 26, 1873, effective
July 1, 1873.
On June 29, 1871,
the United Kingdom Parliament enacted
the Constitution Act, 1871 (34-35 Vict., c. 28) authorizing the
creation of additional provinces out of territories not included in any
province. Pursuant to this statute, the Parliament of Canada enacted
the Alberta Act, (July 20, 1905, 4-5 Edw. VII, c. 3) and the Saskatchewan
Act, (July 20, 1905, 4-5 Edw. VII, c. 42), providing for the
creation of the provinces of Alberta and Saskatchewan, respectively.
Both these Acts came into force on Sept. 1, 1905.
Meanwhile, all
remaining British possessions and
territories in North America and the islands adjacent thereto, except
the colony of Newfoundland and its dependencies, were admitted into the
Canadian Confederation by the Adjacent Territories Order, dated
July 31, 1880.
The Parliament of
Canada added portions of the Northwest
Territories to the adjoining provinces in 1912 by The Ontario
Boundaries Extension Act, S.C. 1912, 2 Geo. V, c. 40, The
Quebec Boundaries Extension Act, 1912, 2 Geo. V, c. 45 and
The Manitoba Boundaries Extension Act, 1912, 2 Geo. V, c.
32, and further additions were made to Manitoba by The Manitoba
Boundaries Extension Act, 1930, 20-21 Geo. V, c. 28.
The Yukon Territory
was created out of the Northwest
Territories in 1898 by The Yukon Territory Act, 61 Vict., c. 6,
(Canada).
Newfoundland was
added on March 31, 1949, by the
Newfoundland Act, (U.K.), 12-13 Geo. VI, c. 22, which ratified the
Terms of Union of Newfoundland with Canada.
Nunavut was created
out of the Northwest Territories in
1999 by the Nunavut Act, S.C. 1993, c. 28. |
(7) |
See the note to section
129, infra. |
(8) |
Repealed and
re-enacted by the Parliament
of Canada Act, 1875, 38-39 Vict., c. 38 (U.K.). The original
section read as follows:
18. 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 the
same shall never exceed those at the passing of this 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. |
(9) |
Spent. The first session
of the
first Parliament began on November 6, 1867. |
(10) |
Section 20, repealed by
the Constitution
Act, 1982, read as follows:
20. There shall
be a Session of the Parliament of
Canada once at least in every Year, so that Twelve Months shall not
intervene between the last Sitting of the Parliament in one Session and
its first sitting in the next Session.
Section 20 has been
replaced by section 5 of the
Constitution Act, 1982, which provides that there shall be a
sitting of Parliament at least once every twelve months. |
(11) |
As amended by the Constitution
Act, 1915, 5-6 Geo. V, c. 45 (U.K.) and modified by the Newfoundland
Act, 12-13 Geo. VI, c. 22 (U.K.), the Constitution Act (No. 2),
1975, S.C. 1974-75-76, c. 53, and the Constitution Act, 1999
(Nunavut), S.C. 1998, c. 15, Part 2.
The original section read as follows:
21. The Senate shall, subject to the
Provisions of
this Act, consist of Seventy-two Members, who shall be styled Senators.
The Manitoba
Act, 1870, added two for Manitoba;
the British Columbia Terms of Union added three; upon admission
of Prince Edward Island four more were provided by section 147 of the
Constitution Act, 1867; the Alberta Act and the Saskatchewan
Act each added four. The Senate was reconstituted at 96 by the Constitution
Act, 1915. Six more Senators were added upon union with
Newfoundland, and one Senator each was added for the Yukon Territory
and the Northwest Territories by the Constitution Act (No. 2), 1975.
One Senator was added for Nunavut by the Constitution Act 1999
(Nunavut). |
(12) |
As amended by the Constitution
Act, 1915, 5-6 Geo. V, c. 45 (U.K.), the Newfoundland Act,
12-13 Geo. VI, c. 22 (U.K.), and the Constitution Act (No. 2), 1975,
S.C. 1974-75-76, c. 53. The original section read as follows:
22. In relation
to the Constitution of the Senate,
Canada shall be deemed to consist of Three Divisions:
1. Ontario;
2. Quebec;
3. The Maritime Provinces, Nova Scotia and New Brunswick;
which Three Divisions
shall (subject to the Provisions of
this Act) be equally represented in the Senate as follows: Ontario by
Twenty-four Senators; Quebec by Twenty-four Senators; and the Maritime
Provinces by Twenty-four Senators, Twelve thereof representing Nova
Scotia, and Twelve thereof representing New Brunswick.
In the case of Quebec
each of the Twenty-four Senators
representing that Province shall be appointed for One of the
Twenty-four Electoral Divisions of Lower Canada specified in Schedule
A. to Chapter One of the Consolidated Statutes of Canada. |
(13) |
Section 44 of the Constitution
Act, 1999 (Nunavut), S.C. 1998, c. 15, Part 2, provided
that, for the purposes of that Part, (which added one Senator for
Nunavut) the word "Province" in section 23 of the Constitution
Act, 1867, has the same meaning as is assigned to the word
"province" by section 35 of the Interpretation Act, R.S.C.
1985, c. I-21, which provides that the term "province" means "a
province of Canada, and includes the Yukon Territory, the Northwest
Territories and Nunavut." |
|
Section 2 of the Constitution
Act (No. 2), 1975, S.C. 1974-75-76, c. 53 provided that for the
purposes of that Act (which added one Senator each for the Yukon
Territory and the Northwest Territories) the term "Province" in section
23 of the Constitution Act, 1867, has the same meaning as is
assigned to the term "province" by section 28 of the Interpretation
Act, R.S.C. 1970, c. I-23, which provides that the term "province"
means "a province of Canada, and includes the Yukon Territory and the
Northwest Territories." |
(14) |
Repealed by the Statute
Law
Revision Act, 1893, 56-57 Vict., c. 14 (U.K.). The section read as
follows:
25. Such Persons
shall be first summoned to the
Senate as the Queen by Warrant under Her Majesty's Royal Sign Manual
thinks fit to approve, and their Names shall be inserted in the Queen's
Proclamation of Union. |
(15) |
As amended by the Constitution
Act, 1915, 5-6 Geo. V, c. 45 (U.K.). The original section read as
follows:
26. If at any
Time on the Recommendation of the
Governor General the Queen thinks fit to direct that Three or Six
Members be added to the Senate, the Governor General may by Summons to
Three or Six qualified Persons (as the Case may be), representing
equally the Three Divisions of Canada, add to the Senate accordingly. |
(16) |
As amended by the Constitution
Act, 1915, 5-6 Geo. V, c. 45 (U.K.). The original section read as
follows:
27. 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,
until each of the Three Divisions of Canada is represented by
Twenty-four Senators and no more. |
(17) |
As amended by the Constitution
Act, 1915, 5-6 Geo. V, c. 45 (U.K.), the Constitution Act (No.
2), 1975, S.C. 1974-75-76, c. 53, and the Constitution Act 1999
(Nunavut), S.C. 1998, c. 15, Part 2. The original section read as
follows:
28. The Number of Senators shall not at any
Time
exceed Seventy-eight. |
(18) |
As enacted by the Constitution
Act, 1965, S.C., 1965, c. 4, which came into force on June 1, 1965.
The original section read as follows:
29. A Senator
shall, subject to the Provisions of
this Act, hold his Place in the Senate for Life. |
(19) |
Provision for
exercising the
functions of Speaker during his absence is made by Part II of the Parliament
of Canada Act, R.S.C. 1985, c. P-1 (formerly the Speaker of
the Senate Act, R.S.C. 1970, c. S-14). Doubts as to the power of
Parliament to enact the Speaker of the Senate Act were removed
by the Canadian Speaker (Appointment of Deputy) Act, 1895, 2nd
Sess., 59 Vict., c. 3 (U.K.), which was repealed by the Constitution
Act, 1982. |
(20) |
The figures given
here result
from the application of section 51, as enacted by the Constitution
Act, 1985 (Representation) , S.C., 1986, c. 8, Part I, and
readjusted pursuant to the Electoral Boundaries Readjustment Act,
R.S.C. 1985, c. E-3. The original section (which was altered from time
to time as the result of the addition of new provinces and changes in
population) read as follows:
37. The House of
Commons shall, subject to the
Provisions of this Act, consist of one hundred and eighty-one members,
of whom Eighty-two shall be elected for Ontario, Sixty-five for Quebec,
Nineteen for Nova Scotia, and Fifteen for New Brunswick. |
(21) |
Spent. The electoral
districts
are now established by Proclamations issued from time to time under the
Electoral Boundaries Readjustment Act, R.S.C. 1985,
c.
E-3, as amended for particular districts by Acts of Parliament, for
which see the most recent Table of Public Statutes and Responsible
Ministers. |
(22) |
Spent. Elections are
now
provided for by the Canada Elections Act, R.S.C. 1985, c. E -2;
controverted elections by the Dominion Controverted Elections Act,
R.S.C. 1985, c. C-39; qualifications and disqualifications of members
by the Parliament of Canada Act, R.S.C. 1985, c. P-1. The right
of citizens to vote and hold office is provided for in section 3 of the
Constitution Act, 1982. |
(23) |
Repealed by the Statute
Law
Revision Act, 1893, 56-57 Vict., c. 14 (U.K.). The section read as
follows:
42. For the
First Election of Members to serve in
the House of Commons the Governor General shall cause Writs to be
issued by such Person, in such Form, and addressed to such Returning
Officers as he thinks fit.
The Person issuing Writs
under this Section shall have the
like Powers as are possessed at the Union by the Officers charged with
the issuing of Writs for the Election of Members to serve in the
respective House of Assembly or Legislative Assembly of the Province of
Canada, Nova Scotia, or New Brunswick; and the Returning Officers to
whom Writs are directed under this Section shall have the like Powers
as are possessed at the Union by the Officers charged with the
returning of Writs for the Election of Members to serve in the same
respective House of Assembly or Legislative Assembly. |
(24) |
Repealed by the Statute
Law
Revision Act, 1893, 56-57 Vict., c. 14 (U.K.). The section read as
follows:
43. In case a Vacancy in the Representation
in the
House of Commons of any Electoral District happens before the Meeting
of the Parliament, or after the Meeting of the Parliament before
Provision is made by the Parliament in this Behalf, the Provisions of
the last foregoing Section of this Act shall extend and apply to the
issuing and returning of a Writ in respect of such Vacant District. |
(25) |
Provision for exercising
the
functions of Speaker during his absence is now made by Part III of the
Parliament of Canada Act, R.S.C. 1985, c. P-1. |
(26) |
The term of the
twelfth
Parliament was extended by the British North America Act, 1916,
6-7 Geo. V., c. 19 (U.K.), which Act was repealed by the Statute
Law Revision Act, 1927, 17-18 Geo. V, c. 42 (U.K.). See also
subsection 4(1) of the Constitution Act, 1982, which provides
that no House of Commons shall continue for longer than five years from
the date fixed for the return of the writs at a general election of its
members, and subsection 4(2) thereof, which provides for continuation
of the House of Commons in special circumstances. |
(27) |
As enacted by the Constitution
Act, 1985 (Representation), S.C. 1986, c. 8, Part I, which came
into force on March 6, 1986 (See SI86-49). The section, as originally
enacted, read as follows:
51. On the Completion of the Census in the
Year One
Thousand eight hundred and seventy-one, and of each subsequent
decennial Census, the Representation of the Four Provinces shall be
readjusted by such Authority, in such Manner, and from such Time, as
the Parliament of Canada from Time to Time provides, subject and
according to the following Rules:
(1) Quebec shall have the fixed Number of
Sixty-five
Members:
(2) There shall be assigned to each of the other
Provinces such a Number of Members as will bear the same Proportion to
the Number of its Population (ascertained at such Census) as the Number
Sixty-five bears to the Number of the Population of Quebec (so
ascertained):
(3) In the Computation of the Number of Members for
a
Province a fractional Part not exceeding One Half of the whole Number
requisite for entitling the Province to a Member shall be disregarded;
but a fractional Part exceeding One Half of that Number shall be
equivalent to the whole Number:
(4) On any such Re-adjustment the Number of Members
for a
Province shall not be reduced unless the Proportion which the Number of
the Population of the Province bore to the Number of the aggregate
Population of Canada at the then last preceding Re-adjustment of the
Number of Members for the Province is ascertained at the then latest
Census to be diminished by One Twentieth Part or upwards:
(5) Such Re-adjustment shall not take effect until
the
Termination of the then existing Parliament.
The section was
amended by the Statute Law Revision
Act, 1893, 56-57 Vict., c. 14 (U.K.) by repealing the words from
"of the census" to "seventy-one and" and the word "subsequent".
By the British
North America Act, 1943, 6-7 Geo.
VI, c. 30 (U.K.), which Act was repealed by the Constitution Act,
1982, redistribution of seats following the 1941 census was
postponed until the first session of Parliament after the war. The
section was re-enacted by the British North America Act, 1946,
9-10 Geo. VI, c. 63 (U.K.), which Act was also repealed by the Constitution
Act, 1982, to read as follows:
51. (1) The number of members of the House of
Commons shall be two hundred and fifty-five and the representation of
the provinces therein shall forthwith upon the coming into force of
this section and thereafter on the completion of each decennial census
be readjusted by such authority, in such manner, and from such time as
the Parliament of Canada from time to time provides, subject and
according to the following rules:
(1) Subject as hereinafter provided, there shall be
assigned to each of the provinces a number of members computed by
dividing the total population of the provinces by two hundred and
fifty-four and by dividing the population of each province by the
quotient so obtained, disregarding, except as hereinafter in this
section provided, the remainder, if any, after the said process of
division.
(2) If the total number of members assigned to all
the
provinces pursuant to rule one is less than two hundred and fifty-four,
additional members shall be assigned to the provinces (one to a
province) having remainders in the computation under rule one
commencing with the province having the largest remainder and
continuing with the other provinces in the order of the magnitude of
their respective remainders until the total number of members assigned
is two hundred and fifty-four.
(3) Notwithstanding anything in this section, if
upon
completion of a computation under rules one and two, the number of
members to be assigned to a province is less than the number of
senators representing the said province, rules one and two shall cease
to apply in respect of the said province, and there shall be assigned
to the said province a number of members equal to the said number of
senators.
(4) In the event that rules one and two cease to
apply in
respect of a province then, for the purpose of computing the number of
members to be assigned to the provinces in respect of which rules one
and two continue to apply, the total population of the provinces shall
be reduced by the number of the population of the province in respect
of which rules one and two have ceased to apply and the number two
hundred and fifty-four shall be reduced by the number of members
assigned to such province pursuant to rule three.
(5) Such readjustment shall not take effect until
the
termination of the then existing Parliament.
(2) The Yukon Territory as constituted by Chapter
forty-one
of the Statutes of Canada, 1901, together with any Part of Canada not
comprised within a province which may from time to time be included
therein by the Parliament of Canada for the purposes of representation
in Parliament, shall be entitled to one member.
The section was
re-enacted by the British North
America Act, 1952, S.C. 1952, c. 15, which Act was also repealed by
the Constitution Act, 1982, as follows:
51. (1) Subject as hereinafter provided, the
number
of members of the House of Commons shall be two hundred and sixty-three
and the representation of the provinces therein shall forthwith upon
the coming into force of this section and thereafter on the completion
of each decennial census be readjusted by such authority, in such
manner, and from such time as the Parliament of Canada from time to
time provides, subject and according to the following rules:
1. There shall be assigned to each of the provinces
a
number of members computed by dividing the total population of the
provinces by two hundred and sixty-one and by dividing the population
of each province by the quotient so obtained, disregarding, except as
hereinafter in this section provided, the remainder, if any, after the
said process of division.
2. If the total number of members assigned to all
the
provinces pursuant to rule one is less than two hundred and sixty-one,
additional members shall be assigned to the provinces (one to a
province) having remainders in the computation under rule one
commencing with the province having the largest remainder and
continuing with the other provinces in the order of the magnitude of
their respective remainders until the total number of members assigned
is two hundred and sixty-one.
3. Notwithstanding anything in this section, if
upon
completion of a computation under rules one and two the number of
members to be assigned to a province is less than the number of
senators representing the said province, rules one and two shall cease
to apply in respect of the said province, and there shall be assigned
to the said province a number of members equal to the said number of
senators.
4. In the event that rules one and two cease to
apply in
respect of a province then, for the purposes of computing the number of
members to be assigned to the provinces in respect of which rules one
and two continue to apply, the total population of the provinces shall
be reduced by the number of the population of the province in respect
of which rules one and two have ceased to apply and the number two
hundred and sixty-one shall be reduced by the number of members
assigned to such province pursuant to rule three.
5. On any such readjustment the number of members
for any
province shall not be reduced by more than fifteen per cent below the
representation to which such province was entitled under rules one to
four of the subsection at the last preceding readjustment of the
representation of that province, and there shall be no reduction in the
representation of any province as a result of which that province would
have a smaller number of members than any other province that according
to the results of the then last decennial census did not have a larger
population; but for the purposes of any subsequent readjustment of
representation under this section any increase in the number of members
of the House of Commons resulting from the application of this rule
shall not be included in the divisor mentioned in rules one to four of
this subsection.
6. Such readjustment shall not take effect until
the
termination of the then existing Parliament.
(2) The Yukon Territory as constituted by chapter
forty-one
of the statutes of Canada, 1901, shall be entitled to one member, and
such other part of Canada not comprised within a province as may from
time to time be defined by the Parliament of Canada shall be entitled
to one member.
Subsection 51(1) was
re-enacted by the Constitution
Act, 1974, S.C. 1974-75-76, c. 13 to read as follows:
51. (1) The number of members of the House of
Commons and the representation of the provinces therein shall upon the
coming into force of this subsection and thereafter on the completion
of each decennial census be readjusted by such authority, in such
manner, and from such time as the Parliament of Canada from time to
time provides, subject and according to the following Rules:
1. There shall be assigned to Quebec
seventy-five
members in the readjustment following the completion of the decennial
census taken in the year 1971, and thereafter four additional members
in each subsequent readjustment.
2. Subject to Rules 5(2) and (3), there
shall be
assigned to a large province a number of members equal to the number
obtained by dividing the population of the large province by the
electoral quotient of Quebec.
3. Subject to Rules 5(2) and (3), there
shall be
assigned to a small province a number of members equal to the number
obtained by dividing
(a) the sum of the populations, determined
according to the results of the penultimate decennial census, of the
provinces (other than Quebec) having populations of less than one and a
half million, determined according to the results of that census, by
the sum of the numbers of members assigned to those provinces in the
readjustment following the completion of that census; and
(b) the population of the small province
by the
quotient obtained under paragraph (a).
4. Subject to Rules 5(1)(a), (2) and
(3),
there shall be assigned to an intermediate province a number of members
equal to the number obtained
(a) by dividing the sum of the populations
of
the provinces (other than Quebec) having populations of less than one
and a half million by the sum of the number of members assigned to
those provinces under any of Rules 3, 5(1)(b), (2) and (3);
(b) by dividing the population of the
intermediate province by the quotient obtained under paragraph (a);
and
(c) by adding to the number of members
assigned
to the intermediate province in the readjustment following the
completion of the penultimate decennial census one-half of the
difference resulting from the subtraction of that number from the
quotient obtained under paragraph (b).
5. (1) On any readjustment,
(a) if no province (other than Quebec) has
a
population of less than one and a half million, Rule 4 shall not be
applied and, subject to Rules 5(2) and (3), there shall be assigned to
an intermediate province a number of members equal to the number
obtained by dividing
(i) the sum of the populations, determined
according
to the results of the penultimate decennial census, of the provinces,
(other than Quebec) having populations of not less than one and a half
million and not more than two and a half million, determined according
to the results of that census, by the sum of the numbers of members
assigned to those provinces in the readjustment following the
completion of that census, and
(ii) the population of the intermediate
province by
the quotient obtained under subparagraph (i);
(b) if a province (other than Quebec)
having a
population of
(i) less than one and a half million, or
(ii) not less than one and a half million and
not
more than two and a half million
does not have a population greater than its
population
determined according to the results of the penultimate decennial
census, it shall, subject to Rules 5(2) and (3), be assigned the number
of members assigned to it in the readjustment following the completion
of that census.
(2) On any readjustment,
(a) if, under any of Rules 2 to 5(1), the
number
of members to be assigned to a province (in this paragraph referred to
as "the first province") is smaller than the number of members to be
assigned to any other province not having a population greater than
that of the first province, those Rules shall not be applied to the
first province and it shall be assigned a number of members equal to
the largest number of members to be assigned to any other province not
having a population greater than that of the first province;
(b) if, under any of Rules 2 to 5(1)(a),
the number of members to be assigned to a province is smaller than the
number of members assigned to it in the readjustment following the
completion of the penultimate decennial census, those Rules shall not
be applied to it and it shall be assigned the latter number of members;
(c) if both paragraphs (a) and (b)
apply to a province, it shall be assigned a number of members equal to
the greater of the numbers produced under those paragraphs.
(3) On any readjustment,
(a) if the electoral quotient of a province
(in
this paragraph referred to as "the first province") obtained by
dividing its population by the number of members to be assigned to it
under any of Rules 2 to 5(2) is greater than the electoral quotient of
Quebec, those Rules shall not be applied to the first province and it
shall be assigned a number of members equal to the number obtained by
dividing its population by the electoral quotient of Quebec;
(b) if, as a result of the application of
Rule
6(2)(a), the number of members assigned to a province under
paragraph (a) equals the number of members to be assigned to it
under any of Rules 2 to 5(2), it shall be assigned that number of
members and paragraph (a) shall cease to apply to that province.
6. (1) In these Rules,
"electoral quotient" means, in respect of a province,
the
quotient obtained by dividing its population, determined according to
the results of the then most recent decennial census, by the number of
members to be assigned to it under any of Rules 1 to 5(3) in the
readjustment following the completion of that census;
"intermediate province" means a province (other than
Quebec) having a population greater than its population determined
according to the results of the penultimate decennial census but not
more than two and a half million and not less than one and a half
million;
"large province" means a province (other than Quebec)
having a population greater than two and a half million;
"penultimate decennial census" means the decennial
census
that preceded the then most recent decennial census;
"population" means, except where otherwise specified,
the
population determined according to the results of the then most recent
decennial census;
"small province" means a province (other than Quebec)
having a population greater than its population determined according to
the results of the penultimate decennial census and less than one and
half million.
(2) For the purposes of these Rules,
(a) if any
fraction less than one remains upon
completion of the final calculation that produces the number of members
to be assigned to a province, that number of members shall equal the
number so produced disregarding the fraction;
(b) if more than
one readjustment follows the
completion of a decennial census, the most recent of those
readjustments shall, upon taking effect, be deemed to be the only
readjustment following the completion of that census;
(c) a
readjustment shall not take effect until the
termination of the then existing Parliament. |
(28) |
As enacted by the Constitution
Act, 1999 (Nunavut) , S.C. 1998, c.15, Part 2. Subsection 51(2) was
previously amended by the Constitution Act (No. 1), 1975, S.C.
1974-75-76, c. 28, and read as follows:
(2) The Yukon Territory as bounded as
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. |
(29) |
As enacted by the Constitution
Act, 1915, 5-6 Geo. V, c. 45 (U.K.) |
(30) |
Provided for by the Salaries
Act, R.S.C. 1985, c. S-3. |
(31) |
Now provided for in
Ontario by
the Executive Council Act, R.S.O. 1990, c. E.25, and in Quebec
by the Executive Power Act, R.S.Q. 1977, c. E-18. |
(32) |
A similar provision
was
included in each of the instruments admitting British Columbia, Prince
Edward Island, and Newfoundland. The Executive Authorities for
Manitoba, Alberta and Saskatchewan were established by the statutes
creating those provinces. See the notes to section 5, supra. |
(33) |
See the notes to section
129, infra. |
(34) |
Spent. Now covered by the
Representation
Act, R.S.O. 1990, c. R.26. |
(35) |
The Act respecting
the
Legislative Council of Quebec, S.Q. 1968, c. 9, provided that the
Legislature for Quebec shall consist of the Lieutenant Governor and the
National Assembly of Quebec, and repealed the provisions of the
Legislature Act, R.S.Q. 1964, c. 6, relating to the Legislative
Council of Quebec. Now covered by the Legislature Act, R.S.Q.
1977, c. L-1. Sections 72 to 79 following are therefore completely
spent. |
(36) |
The Act respecting
electoral
districts, S.Q. 1970, c. 7, s. 1, provides that this section no longer
has effect. |
(37) |
Repealed by the Statute
Law
Revision Act, 1893, 56-57 Vict. c. 14 (U.K.). The section read as
follows:
81. The
Legislatures of Ontario and Quebec
respectively shall be called together not later than Six Months after
the Union. |
(38) |
Probably spent. The
subject-matter of this section is now covered in Ontario by the Legislative
Assembly Act, R.S.O. 1990, c. L.10, and in Quebec by the
National Assembly Act, R.S.Q. c. A-23.1. |
(39) |
Probably spent. The
subject-matter of this section is now covered in Ontario by the Election
Act, R.S.O. 1990, c. E.6, and the Legislative Assembly Act,
R.S.O. 1990, c. L.10, in Quebec by the Elections Act, R.S.Q. c.
E-3.3 and the National Assembly Act, R.S.Q. c. A-23.1. |
(40) |
The maximum duration
of the
Legislative Assemblies of Ontario and Quebec has been changed to five
years. See the Legislative Assembly Act, R.S.O. 1990, c. L.10,
and the National Assembly Act, R.S.Q. c. A-23.1, respectively.
See also section 4 of the Constitution Act, 1982, which
provides a maximum duration for a legislative assembly of five years
but also authorizes continuation in special circumstances. |
(41) |
See also section 5
of the Constitution
Act, 1982, which provides that there shall be a sitting of each
legislature at least once every twelve months. |
(42) |
Partially repealed
by the Statute
Law Revision Act, 1893, 56-57 Vict., c. 14 (U.K.), which deleted
the following concluding words of the original enactment:
and the House of
Assembly of New Brunswick existing at the
passing of this Act shall, unless sooner dissolved, continue for the
Period for which it was elected.
A similar provision
was included in each of the
instruments admitting British Columbia, Prince Edward Island and
Newfoundland. The Legislatures of Manitoba, Alberta and Saskatchewan
were established by the statutes creating those provinces. See the
footnotes to section 5, supra.
See also sections 3
to 5 of the Constitution Act, 1982,
which prescribe democratic rights applicable to all provinces, and
subitem 2(2) of the Schedule to that Act, which sets out the repeal of
section 20 of the Manitoba Act, 1870. Section 20 of the
Manitoba Act, 1870 has been replaced by section 5 of the Constitution
Act, 1982.
Section 20 reads as follows:
20. There shall
be a Session of the Legislature
once at least in every year, so that twelve months shall not intervene
between the last sitting of the Legislature in one Session and its
first sitting in the next Session. |
(43) |
Repealed by the Statute
Law
Revision Act, 1893, 56-57 Vict. c. 14 (U.K.). The section read as
follows:
5. Ontario, Quebec, and Nova
Scotia.
89. Each of the
Lieutenant Governors of Ontario,
Quebec and Nova Scotia shall cause Writs to be issued for the First
Election of Members of the Legislative Assembly thereof in such Form
and by such Person as he thinks fit, and at such Time and addressed to
such Returning Officer as the Governor General directs, and so that the
First Election of Member of Assembly for any Electoral District or any
Subdivision thereof shall be held at the same Time and at the same
Places as the Election for a Member to serve in the House of Commons of
Canada for that Electoral District. |
(44) |
Class I was added by
the British
North America (No. 2) Act, 1949, 13 Geo. VI, c. 81 (U.K.). That Act
and class I were repealed by the Constitution Act, 1982. The
matters referred to in class I are provided for in subsection 4(2) and
Part V of the Constitution Act, 1982. As enacted, class I read
as follows:
1. The amendment from
time to time of the Constitution of
Canada, except as regards matters coming within the classes of subjects
by this Act assigned exclusively to the Legislatures of the provinces,
or as regards rights or privileges by this or any other Constitutional
Act granted or secured to the Legislature or the Government of a
province, or to any class of persons with respect to schools or as
regards the use of the English or the French language or as regards the
requirements that there shall be a session of the Parliament of Canada
at least once each year, and that no House of Commons shall continue
for more than five years from the day of the return of the Writs for
choosing the House: provided, however, that a House of Commons may in
time of real or apprehended war, invasion or insurrection be continued
by the Parliament of Canada if such continuation is not opposed by the
votes of more than one-third of the members of such House. |
(45) |
Re-numbered by the British
North America (No. 2) Act, 1949. |
(46) |
Added by the Constitution
Act, 1940, 3-4 Geo. VI, c. 36 (U.K.). |
(47) |
Legislative authority has
been
conferred on Parliament by other Acts as follows:
1. The Constitution Act, 1871, 34-35
Vict., c. 28 (U.K.).
2. The Parliament of Canada may from time to
time
establish new Provinces in any territories forming for the time being
part of the Dominion of Canada, but not included in any Province
thereof, and may, at the time of such establishment, make provision for
the constitution and administration of any such Province, and for the
passing of laws for the peace, order, and good government of such
Province, and for its representation in the said Parliament.
3. The
Parliament of Canada may from time to time,
with the consent of the Legislature of any province of the said
Dominion, increase, diminish, or otherwise alter the limits of such
Province, upon such terms and conditions as may be agreed to by the
said Legislature, and may, with the like consent, make provision
respecting the effect and operation of any such increase or diminution
or alteration of territory in relation to any Province affected
thereby.
4. The
Parliament of Canada may from time to time
make provision for the administration, peace, order, and good
government of any territory not for the time being included in any
Province.
5. The following
Acts passed by the said Parliament
of Canada, and intituled respectively, — "An Act for the temporary
government of Rupert's Land and the North Western Territory when united
with Canada"; and "An Act to amend and continue the Act thirty-two and
thirty-three Victoria, chapter three, and to establish and provide for
the government of the Province of Manitoba", shall be and be deemed to
have been valid and effectual for all purposes whatsoever from the date
at which they respectively received the assent, in the Queen's name, of
the Governor General of the said Dominion of Canada.
6. Except as
provided by the third section of this
Act, it shall not be competent for the Parliament of Canada to alter
the provisions of the last-mentioned Act of the said Parliament in so
far as it relates to the Province of Manitoba, or of any other Act
hereafter establishing new Provinces in the said Dominion, subject
always to the right of the Legislature of the Province of Manitoba to
alter from time to time the provisions of any law respecting the
qualification of electors and members of the Legislative Assembly, and
to make laws respecting elections in the said Province.
The Rupert's
Land Act, 1868, 31-32 Vict., c. 105
(U.K.) (repealed by the Statute Law Revision Act, 1893, 56-57
Vict., c. 14 (U.K.)) had previously conferred similar authority in
relation to Rupert's Land and the North Western Territory upon
admission of those areas.
2. The Constitution Act, 1886, 49-50
Vict., c.
35 (U.K.).
1. The
Parliament of Canada may from time to time
make provision for the representation in the Senate and House of
Commons of Canada, or in either of them, of any territories which for
the time being form part of the Dominion of Canada, but are not
included in any province thereof.
3. The Statute
of Westminster, 1931, 22 Geo. V,
c. 4 (U.K.).
3. It is hereby
declared and enacted that the
Parliament of a Dominion has full power to make laws having
extra-territorial operation.
4. Under section
44 of the Constitution Act, 1982,
Parliament has exclusive authority to amend the Constitution of Canada
in relation to the executive government of Canada or the Senate and
House of Commons. Sections 38, 41, 42 and 43 of that Act authorize the
Senate and House of Commons to give their approval to certain other
constitutional amendments by resolution. |
(48) |
Class I was repealed by
the Constitution
Act, 1982. As enacted, it read as follows:
1. The Amendment
from Time to Time, notwithstanding
anything in this Act, of the Constitution of the Province, except as
regards the Office of Lieutenant Governor.
Section 45 of the Constitution
Act, 1982 now
authorizes legislatures to make laws amending the constitution of the
province. Sections 38, 41, 42 and 43 of that Act authorize legislative
assemblies to give their approval by resolution to certain other
amendments to the Constitution of Canada. |
(49) |
Added by the Constitution
Act, 1982. |
(50) |
An alternative was
provided for
Manitoba by section 22 of the Manitoba Act, 1870, 33 Vict., c.
3 (Canada), (confirmed by the Constitution Act, 1871), which
reads as follows:
22. In and for
the Province, the said Legislature
may exclusively make Laws in relation to Education, subject and
according to the following provisions:
(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 or practice in the Province at the Union:
(2) An appeal shall
lie to the Governor General in
Council from any Act or decision of the Legislature of the Province, or
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:
(3) 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.
An alternative was
provided for Alberta by section 17 of
the Alberta Act, 4-5 Edw. VII, c. 3, 1905 (Canada), which reads
as follows:
17. Section 93
of the Constitution Act, 1867,
shall apply to the said province, with the substitution for paragraph
(1) of the said section 93 of the following paragraph:
(1) Nothing in any
such law shall prejudicially affect
any right or privilege with respect to separate schools which any class
of persons have at the date of the passing of this Act, under the terms
of chapters 29 and 30 of the Ordinances of the Northwest Territories,
passed in the year 1901, or with respect to religious instruction in
any public or separate school as provided for in the said ordinances.
2. In the
appropriation by the Legislature or
distribution by the Government of the province of any moneys for the
support of schools organized and carried on in accordance with the said
chapter 29 or any Act passed in amendment thereof, or in substitution
therefor, there shall be no discrimination against schools of any class
described in the said chapter 29.
3. Where the
expression "by law" is employed in
paragraph 3 of the said section 93, it shall be held to mean the law as
set out in the said chapters 29 and 30, and where the expression "at
the Union" is employed, in the said paragraph 3, it shall be held to
mean the date at which this Act comes into force.
An alternative was
provided for Saskatchewan by section
17 of the Saskatchewan Act, 4-5 Edw. VII, c. 42, 1905 (Canada),
which reads as follows:
17. Section 93
of the Constitution Act, 1867,
shall apply to the said province, with the substitution for paragraph
(1) of the said section 93, of the following paragraph:
(1) Nothing in any
such law shall prejudicially affect
any right or privilege with respect to separate schools which any class
of persons have at the date of the passing of this Act, under the terms
of chapters 29 and 30 of the Ordinances of the Northwest Territories,
passed in the year 1901, or with respect to religious instruction in
any public or separate school as proviced for in the said ordinances.
2. In the
appropriation by the Legislature or
distribution by the Government of the province of any moneys for the
support of schools organized and carried on in accordance with the said
chapter 29, or any Act passed in amendment thereof or in substitution
therefor, there shall be no discrimination against schools of any class
described in the said chapter 29.
3. Where the
expression "by law" is employed in
paragraph (3) of the said section 93, it shall be held to mean the law
as set out in the said chapters 29 and 30; and where the expression "at
the Union" is employed in the said paragraph (3), it shall be held to
mean the date at which this Act comes into force.
An alternative was
provided for Newfoundland by Term 17
of the Terms of Union of Newfoundland with Canada (confirmed by the Newfoundland
Act, 12-13 Geo. VI, c. 22 (U.K.)). Term 17 of the Terms of Union of
Newfoundland with Canada, set out in the penultimate paragraph of this
footnote, was amended by the Constitution Amendment, 1998
(Newfoundland Act), (see SI/98-25) and now reads as follows:
17. (1) In lieu
of section ninety-three of the Constitution
Act, 1867, this term shall apply in respect of the Province of
Newfoundland.
(2) In and for the
Province of Newfoundland, the
Legislature shall have exclusive authority to make laws in relation to
education, but shall provide for courses in religion that are not
specific to a religious denomination.
(3) Religious observances shall be permitted in a
school
where requested by parents.
Prior to the Constitution
Amendment, 1998 (Newfoundland
Act), Term 17 of the Terms of Union of Newfoundland with Canada had
been amended by the Constitution Amendment, 1997 (Newfoundland
Act), (see SI/97-55) to read as follows:
17. In lieu of
section ninety-three of the Constitution
Act, 1867, the following shall apply in respect of the Province of
Newfoundland:
In and for the Province
of Newfoundland, the Legislature
shall have exclusive authority to make laws in relation to education
but
(a) except as
provided in paragraphs (b) and (c),
schools established, maintained and operated with public funds shall be
denominational schools, and any class of persons having rights under
this Term as it read on January 1, 1995 shall continue to have the
right to provide for religious education, activities and observances
for the children of that class in those schools, and the group of
classes that formed one integrated school system by agreement in 1969
may exercise the same rights under this Term as a single class of
persons;
(b) subject to
provincial legislation that is uniformly
applicable to all schools specifying conditions for the establishment
or continued operation of schools,
(i) any class of
persons referred to in paragraph (a)
shall have the right to have a publicly funded denominational school
established, maintained and operated especially for that class, and
(ii) the Legislature
may approve the establishment,
maintenance and operation of a publicly funded school, whether
denominational or non-denominational;
(c) where a
school is established, maintained and
operated pursuant to subparagraph (b) (i), the class of
persons referred to in that subparagraph shall continue to have the
right to provide for religious education, activities and observances
and to direct the teaching of aspects of curriculum affecting religious
beliefs, student admission policy and the assignment and dismissal of
teachers in that school;
(d) all schools
referred to in paragraphs (a)
and (b) shall receive their share of public funds in
accordance with scales determined on a non-discriminatory basis from
time to time by the Legislature; and
(e) if the
classes of persons having rights under
this Term so desire, they shall have the right to elect in total not
less than two thirds of the members of a school board, and any class so
desiring shall have the right to elect the portion of that total that
is proportionate to the population of that class in the area under the
board's jurisdiction.
Prior to the Constitution
Amendment, 1997
(Newfoundland Act), Term 17 of the Terms of Union of Newfoundland
with Canada had been amended by the Constitution Amendment, 1987
(Newfoundland Act), (see SI/88-11) to read as follows:
17. (1) In lieu
of section ninety-three of the Constitution
Act, 1867, the following term shall apply in respect of the
Province of Newfoundland:
In and for the
Province of Newfoundland the Legislature
shall have exclusive authority to make laws in relation to education,
but the Legislature will not have authority to make laws prejudicially
affecting any right or privilege with respect to denominational
schools, common (amalgamated) schools, or denominational colleges, that
any class or classes of persons have by law in Newfoundland at the date
of Union, and out of public funds of the Province of Newfoundland,
provided for education,
(a) all such
schools shall receive their share of
such funds in accordance with scales determined on a non-discriminatory
basis from time to time by the Legislature for all schools then being
conducted under authority of the Legislature; and
(b) all such
colleges shall receive their share of
any grant from time to time voted for all colleges then being conducted
under authority of the Legislature, such grant being distributed on a
non-discriminatory basis.
(2) For the purposes of
paragraph one of this Term, the
Pentecostal Assemblies of Newfoundland have in Newfoundland all the
same rights and privileges with respect to denominational schools and
denominational colleges as any other class or classes of persons had by
law in Newfoundland at the date of Union, and the words "all such
schools" in paragraph (a) of paragraph one of this Term and the
words "all such colleges" in paragraph (b) of paragraph one of
this Term include, respectively, the schools and the colleges of the
Pentecostal Assemblies of Newfoundland.
Term 17 of the Terms
of Union of Newfoundland with Canada
(confirmed by the Newfoundland Act, 12-13 Geo. VI, c. 22
(U.K.)), which Term provided an alternative for Newfoundland,
originally read as follows:
17. In lieu of
section ninety-three of the Constitution
Act, 1867, the following term shall apply in respect of the
Province of Newfoundland:
In and for the Province of Newfoundland the
Legislature shall have exclusive authority to make laws in relation to
education, but the Legislature will not have authority to make laws
prejudicially affecting any right or privilege with respect to
denominational schools, common (amalgamated) schools, or denominational
colleges, that any class or classes of persons have by law in
Newfoundland at the date of Union, and out of public funds of the
Province of Newfoundland, provided for education,
(a) all such
schools shall receive their share of
such funds in accordance with scales determined on a non-discriminatory
basis from time to time by the Legislature for all schools then being
conducted under authority of the Legislature; and
(b) all such
colleges shall receive their share of
any grant from time to time voted for all colleges then being conducted
under authority of the Legislature, such grant being distributed on a
non-discriminatory basis.
See also sections
23, 29 and 59 of the Constitution
Act, 1982. Section 23 provides for new minority language
educational rights and section 59 permits a delay in respect of the
coming into force in Quebec of one aspect of those rights. Section 29
provides that nothing in the Canadian Charter of Rights and Freedoms
abrogates or derogates from any rights or privileges guaranteed by or
under the Constitution of Canada in respect of denominational, separate
or dissentient schools. |
(50.1) |
Added by the Constitution
Amendment, 1997 (Quebec). See SI/97-141. |
(51) |
Added by the Constitution
Act, 1964, 12-13 Eliz. II, c. 73 (U.K.). As originally enacted by
the British North America Act, 1951, 14-15 Geo. VI, c. 32
(U.K.), which was repealed by the Constitution Act, 1982,
section 94A read as follows:
94A. It is
hereby declared that the Parliament of
Canada may from time to time make laws in relation to old age pensions
in Canada, but no law made by the Parliament of Canada in relation to
old age pensions shall affect the operation of any law present or
future of a Provincial Legislature in relation to old age pensions. |
(52) |
Repealed and
re-enacted by the Constitution
Act, 1960, 9 Eliz. II, c. 2 (U.K.), which came into force on March
1, 1961. The original section read as follows:
99. The Judges
of the Superior Courts shall hold
Office during good Behaviour, but shall be removable by the Governor
General on Address of the Senate and House of Commons. |
(53) |
Now provided for in
the Judges
Act, R.S.C. 1985, c. J-1. |
(54) |
See the Supreme
Court Act,
R.S.C. 1985, c. S-26, the Federal Court Act, R.S.C. 1985, c.
F-7 and the Tax Court of Canada Act, R.S.C. 1985, c. T-2. |
(55) |
Now covered by the Governor
General's Act, R.S.C. 1985, c. G-9. |
(56) |
Manitoba,
Alberta and
Saskatchewan were placed in the same position as the original provinces
by the Constitution Act, 1930, 20-21 Geo. V, c. 26 (U.K.).
These matters were dealt with in respect of British
Columbia by the British Columbia Terms of Union and also in
part by the Constitution Act, 1930.
Newfoundland was also placed in the same position
by the Newfoundland
Act, 12-13 Geo. VI, c. 22 (U.K.).
With respect to Prince Edward Island, see the
Schedule to
the Prince Edward Island Terms of Union. |
(57) |
The obligations
imposed by this
section, sections 115 and 116, and similar obligations under the
instruments creating or admitting other provinces, have been carried
into legislation of the Parliament of Canada and are now to be found in
the Provincial Subsidies Act, R.S.C. 1985, c. P-26. |
(58) |
Repealed by the Statute
Law
Revision Act, 1950, 14 Geo. VI, c. 6 (U.K.). As originally enacted
the section read as follows:
118. The following Sums shall be paid yearly
by
Canada to the several Provinces for the Support of their Governments
and Legislatures:
|
Dollars. |
Ontario |
Eighty thousand. |
Quebec |
Seventy thousand. |
Nova Scotia |
Sixty Thousand. |
New Brunswick |
Fifty thousand. |
|
Two hundred and
sixty
thousand; |
and an annual Grant in aid of each Province shall be
made,
equal to Eighty Cents per Head of the Population as ascertained by the
Census of One thousand eight hundred and sixty-one, and in the Case of
Nova Scotia and New Brunswick, by each subsequent Decennial Census
until the Population of each of those two Provinces amounts to Four
hundred thousand Souls, at which Rate such Grant shall thereafter
remain. Such Grants shall be in full Settlement of all future Demands
on Canada, and shall be paid half-yearly in advance to each Province;
but the Government of Canada shall deduct from such Grants, as against
any Province, all Sums chargeable as Interest on the Public Debt of
that Province in excess of the several Amounts stipulated in this Act.
The section was made
obsolete by the Constitution
Act, 1907, 7 Edw. VII, c. 11 (U.K.) which provided:
1. (1) The following grants shall be made
yearly by
Canada to every province, which at the commencement of this Act is a
province of the Dominion, for its local purposes and the support of its
Government and Legislature:
(a) A fixed grant
where the population of the province is under one
hundred
and fifty thousand, of one hundred thousand dollars;
where the population of the province is one hundred
and
fifty thousand, but does not exceed two hundred thousand, of one
hundred and fifty thousand dollars;
where the population of the province is two hundred
thousand, but does not exceed four hundred thousand, of one hundred and
eighty thousand dollars;
where the population of the province is four
hundred
thousand, but does not exceed eight hundred thousand, of one hundred
and ninety thousand dollars;
where the population of the province is eight
hundred
thousand, but does not exceed one million five hundred thousand, of two
hundred and twenty thousand dollars;
where the population of the province exceeds one
million
five hundred thousand, of two hundred and forty thousand dollars; and
(b) Subject to the special provisions of
this Act
as to the provinces of British Columbia and Prince Edward Island, a
grant at the rate of eighty cents per head of the population of the
province up to the number of two million five hundred thousand, and at
the rate of sixty cents per head of so much of the population as
exceeds that number.
(2) An additional grant of one hundred thousand
dollars
shall be made yearly to the province of British Columbia for a period
of ten years from the commencement of this Act.
(3) The population of a province shall be ascertained
from
time to time in the case of the provinces of Manitoba, Saskatchewan,
and Alberta respectively by the last quinquennial census or statutory
estimate of population made under the Acts establishing those provinces
or any other Act of the Parliament of Canada making provision for the
purpose, and in the case of any other province by the last decennial
census for the time being.
(4) The grants payable under this Act shall be paid
half-yearly in advance to each province.
(5) The grants payable under this Act shall be
substituted
for the grants or subsidies (in this Act referred to as existing
grants) payable for the like purposes at the commencement of this Act
to the several provinces of the Dominion under the provisions of
section one hundred and eighteen of the Constitution Act, 1867,
or of any Order in Council establishing a province, or of any Act of
the Parliament of Canada containing directions for the payment of any
such grant or subsidy, and those provisions shall cease to have effect.
(6) The Government of Canada shall have the same
power of
deducting sums charged against a province on account of the interest on
public debt in the case of the grant payable under this Act to the
province as they have in the case of the existing grant.
(7) Nothing in this Act shall affect the obligation
of the
Government of Canada to pay to any province any grant which is payable
to that province, other than the existing grant for which the grant
under this Act is substituted.
(8) In the case of the provinces of British Columbia
and
Prince Edward Island, the amount paid on account of the grant payable
per head of the population to the provinces under this Act shall not at
any time be less than the amount of the corresponding grant payable at
the commencement of this Act, and if it is found on any decennial
census that the population of the province has decreased since the last
decennial census, the amount paid on account of the grant shall not be
decreased below the amount then payable, notwithstanding the decrease
of the population.
See the Provincial
Subsidies Act, R.S.C. 1985, c.
P-26 and the Federal-Provincial Fiscal Arrangements and Federal
Post-Secondary Education and Health Contributions Act, R.S.C. 1985,
c. F-8.
See also Part III of
the Constitution Act, 1982,
which sets out commitments by Parliament and the provincial
legislatures respecting equal opportunities, economic development and
the provision of essential public services and a commitment by
Parliament and the government of Canada to the principle of making
equalization payments. |
(59) |
Spent. |
(60) |
Spent. Now covered
by the Customs
Act, R.S.C. 1985, c. 1 (2nd Supp.), the Customs Tariff,
S.C. 1997, c. 36, the Excise Act, R.S.C. 1985, c. E-14 and the Excise
Tax Act, R.S.C. 1985, c. E-15. |
(61) |
Spent. |
(62) |
These dues were
repealed in
1873 by 36 Vict., c. 16 (N.B.). And see An Act respecting the
Export Duties imposed on Lumber, etc. (1873) 36 Vict., c. 41
(Canada), and section 2 of the Provincial Subsidies Act, R.S.C.
1985, c. P-26. |
(63) |
Repealed by the Statute
Law
Revision Act, 1893, 56-57 Vict., c. 14 (U.K.). The section read as
follows:
127. If any
Person being at the passing of this Act
a Member of the Legislative Council of Canada, Nova Scotia, or New
Brunswick, to whom a Place in the Senate is offered, does not within
Thirty Days thereafter, by Writing under his Hand addressed to the
Governor General of the Province of Canada or to the Lieutenant
Governor of Nova Scotia or New Brunswick (as the Case may be), accept
the same, he shall be deemed to have declined the same; and any Person
who, being at the passing of this Act a Member of the Legislative
Council of Nova Scotia or New Brunswick, accepts a Place in the Senate
shall thereby vacate his Seat in such Legislative Council. |
(64) |
The restriction
against
altering or repealing laws enacted by or existing under statutes of the
United Kingdom was removed by the Statute of Westminster, 1931,
22 Geo. V., c. 4 (U.K.) except in respect of certain constitutional
documents. Comprehensive procedures for amending enactments forming
part of the Constitution of Canada were provided by Part V of the Constitution
Act, 1982, (U.K.) 1982, c. 11. |
(65) |
Spent. |
(66) |
A similar provision
was enacted
for Manitoba by section 23 of the Manitoba Act, 1870, 33 Vict.,
c. 3 (Canada), (confirmed by the Constitution Act, 1871).
Section 23 read as follows:
23. Either the English or the French language
may
be used by any person in the debates of the Houses of the Legislature,
and both these languages shall be used in the respective Records and
Journals of those Houses; and either of those languages may be used by
any person, or in any Pleading or Process, in or issuing from any Court
of Canada established under the British North America Act, 1867, or in
or from all or any of the Courts of the Province. The Acts of the
Legislature shall be printed and published in both those languages.
Sections 17 to 19 of
the Constitution Act, 1982
restate the language rights set out in section 133 in respect of
Parliament and the courts established under the Constitution Act,
1867, and also guarantees those rights in respect of the
legislature of New Brunswick and the courts of that province.
Section 16 and
sections 20, 21 and 23 of the
Constitution Act, 1982 recognize additional language rights in
respect of the English and French languages. Section 22 preserves
language rights and privileges of languages other than English and
French. |
(67) |
Spent. Now covered
in Ontario
by the Executive Council Act, R.S.O. 1990, c. E.25 and in
Quebec by the Executive Power Act, R.S.Q. 1977, c. E-18. |
(68) |
Probably spent. |
(69) |
Probably spent. |
(70) |
Probably spent. |
(71) |
Spent.
Penitentiaries are now
provided for by the Corrections and Conditional Release Act,
S.C. 1992, c. 20. |
(72) |
Spent. See pages (xi) and
(xii)
of the Public Accounts, 1902-03. |
(73) |
Probably spent. Two
orders were
made under this section on January 24, 1868. |
(74) |
Repealed by the Statute
Law
Revision Act, 1893, 56-57 Vict., c. 14, (U.K.). The section read as
follows:
X.
Intercolonial Railway
145. Inasmuch as
the Provinces of Canada, Nova
Scotia, and New Brunswick have joined in a Declaration that the
Construction of the Intercolonial Railway is essential to the
Consolidation of the Union of British North America, and to the Assent
thereto of Nova Scotia and New Brunswick, and have consequently agreed
that Provision should be made for its immediate Construction by the
Government of Canada; Therefore, in order to give effect to that
Agreement, it shall be the Duty of the Government and Parliament of
Canada to provide for the Commencement, within Six Months after the
Union, of a Railway connecting the River St. Lawrence with the City of
Halifax in Nova Scotia, and for the Construction thereof without
Intermission, and the Completion thereof with all practicable Speed. |
(75) |
All territories mentioned
in
this section are now part of Canada. See the notes to section 5, supra. |
(76) |
Spent. See the notes to
sections 21, 22, 26, 27 and 28, supra. |
(77) |
Spent. Representation
Act,
R.S.O. 1990, c. R.26. |
(78) |
As enacted by the Constitution
Act, 1982. |
(79) |
Enacted as Schedule
B to the Canada
Act 1982, (U.K.) 1982, c. 11, which came into force on April 17,
1982. The Canada Act 1982, other than Schedules A and B
thereto, reads as follows:
An Act to give effect to a request by
the
Senate and House of Commons of Canada
Whereas Canada has requested and consented to the
enactment
of an Act of the Parliament of the United Kingdom to give effect to the
provisions hereinafter set forth and the Senate and the House of
Commons of Canada in Parliament assembled have submitted an address to
Her Majesty requesting that Her Majesty may graciously be pleased to
cause a Bill to be laid before the Parliament of the United Kingdom for
that purpose.
Be it therefore enacted by the Queen's Most Excellent
Majesty, by and with the advice and consent of the Lords Spiritual and
Temporal, and Commons, in this present Parliament assembled, and by the
authority of the same, as follows:
1. The Constitution
Act, 1982 set out in
Schedule B to this Act is hereby enacted for and shall have the force
of law in Canada and shall come into force as provided in that Act.
2. No Act of
the Parliament of the United Kingdom
passed after the Constitution Act, 1982 comes into force shall
extend to Canada as part of its law.
3. So far as
it is not contained in Schedule B,
the French version of this Act is set out in Schedule A to this Act and
has the same authority in Canada as the English version thereof.
4. This Act
may be cited as the Canada Act
1982. |
(80) |
See section 50 and the
footnotes to sections 85 and 88 of the Constitution Act, 1867. |
(81) |
Replaces part of
Class 1 of
section 91 of the Constitution Act, 1867, which was repealed
as set out in subitem 1(3) of the Schedule to this Act. |
(82) |
See the footnotes to
sections
20, 86 and 88 of the Constitution Act, 1867. |
(83) |
Subsection 32(2)
provides that
section 15 shall not have effect until three years after section 32
comes into force.
Section 32 came into
force on April 17, 1982; therefore,
section 15 had effect on April 17, 1985. |
(83.1) |
Section 16.1 was
added by the Constitution
Amendment, 1993 (New Brunswick). See SI/93-54. |
(84) |
See section 133 of
the Constitution
Act, 1867, and the footnote thereto. |
(85) |
Id. |
(86) |
Id. |
(87) |
Id. |
(88) |
Id. |
(89) |
Id. |
(90) |
See, for example,
section 133
of the Constitution Act, 1867, and the reference to the Manitoba
Act, 1870, in the footnote thereto. |
(91) |
Paragraph 23(1)(a)
is
not in force in respect of Quebec. See section 59 infra. |
(92) |
Paragraph 25(b)
was
repealed and re-enacted by the Constitution Amendment Proclamation,
1983. See SI/84-102.
Paragraph 25(b) as originally enacted read
as
follows:
"(b) any rights
or freedoms that may be acquired by
the aboriginal peoples of Canada by way of land claims settlement." |
(93) |
See section 93 of the Constitution
Act, 1867, and the footnote thereto. |
(94) |
Subsections 35(3)
and (4) were
added by the Constitution Amendment Proclamation, 1983. See
SI/84-102. |
(95) |
Section 35.1 was
added by the Constitution
Amendment Proclamation, 1983. See SI/84-102. |
(96) |
See the footnotes to
sections
114 and 118 of the Constitution Act, 1867. |
(97) |
Section 54 provided
for the
repeal of Part IV one year after Part VII came into force. Part VII
came into force on April 17, 1982 thereby repealing Part IV on April
17, 1983.
Part IV, as originally
enacted, read as follows:
37. (1) A
constitutional conference composed of the
Prime Minister of Canada and the first ministers of the provinces shall
be convened by the Prime Minister of Canada within one year after this
Part comes into force.
(2) The conference
convened under subsection (1) shall have
included in its agenda an item respecting constitutional matters that
directly affect the aboriginal peoples of Canada, including the
identification and definition of the rights of those peoples to be
included in the Constitution of Canada, and the Prime Minister of
Canada shall invite representatives of those peoples to participate in
the discussions on that item.
(3) The Prime Minister
of Canada shall invite elected
representatives of the governments of the Yukon Territory and the
Northwest Territories to participate in the discussions on any item on
the agenda of the conference convened under subsection (1) that, in the
opinion of the Prime Minister, directly affects the Yukon Territory and
the Northwest Territories. |
(98) |
Part IV.1, which was
added by
the Constitution Amendment Proclamation, 1983 (see SI/84-102),
was repealed on April 18, 1987 by section 54.1.
Part IV.1, as originally enacted, read as follows:
37.1 (1) In
addition to the conference convened in
March 1983, at least two constitutional conferences composed of the
Prime Minister of Canada and the first ministers of the provinces shall
be convened by the Prime Minister of Canada, the first within three
years after April 17, 1982 and the second within five years after that
date.
(2) Each conference
convened under subsection (1) shall
have included in its agenda constitutional matters that directly affect
the aboriginal peoples of Canada, and the Prime Minister of Canada
shall invite representatives of those peoples to participate in the
discussions on those matters.
(3) The Prime Minister
of Canada shall invite elected
representatives of the governments of the Yukon Territory and the
Northwest Territories to participate in the discussions on any item on
the agenda of a conference convened under subsection (1) that, in the
opinion of the Prime Minister, directly affects the Yukon Territory and
the Northwest Territories.
(4) Nothing in this section shall be construed so as
to
derogate from subsection 35(1). |
(99) |
Prior to the
enactment of Part
V certain provisions of the Constitution of Canada and the provincial
constitutions could be amended pursuant to the Constitution Act,
1867. See the footnotes to section 91, Class 1 and section 92,
Class 1 thereof, supra. Other amendments to the Constitution
could only be made by enactment of the Parliament of the United Kingdom. |
(100) |
The amendment is set
out in the
Consolidation of the Constitution Act, 1867, as section 92A
thereof. |
(101) |
The amendment is set
out in the
Consolidation of the Constitution Act, 1867, as the Sixth
Schedule thereof. |
(102) |
Part VII came into force
on
April 17, 1982. See SI/82-97. |
(103) |
Section 54.1, which
was added
by the Constitution Amendment Proclamation, 1983 (see
SI/84-102), provided for the repeal of Part IV.1 and section 54.1 on
April 18, 1987.
Section 54.1, as originally enacted, read as
follows:
"54.1 Part IV.1 and this section are repealed
on
April 18, 1987." |
(104) |
The Act, with the
exception of
paragraph 23(1)(a) in respect of Quebec, came into force on
April 17, 1982 by proclamation issued by the Queen. See SI/82-97. |
(105) |
No proclamation has been
issued
under section 59. |
(106) |
Section 61 was added
by the Constitution
Amendment Proclamation, 1983. See SI/84-102.
See also section 3
of the Constitution Act, 1985
(Representation), S.C. 1986, c. 8, Part I and the Constitution
Amendment, 1987 (Newfoundland Act) SI/88-11. |
|