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|
I. PRELIMINARY
|
| Short title |
1. |
This
Act
may be
cited as the Constitution Act, 1867.
(2) |
| [Repealed] |
2. |
Repealed. (3)
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|
|
II.
UNION
|
| Declaration of Union |
3. |
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. (4)
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|
Construction of subsequent Provisions
of Act |
4. |
Unless
it
is
otherwise expressed or implied, the Name Canada shall be taken to mean
Canada as constituted under this Act. (5) |
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Four Provinces |
5. |
Canada
shall be
divided into Four Provinces, named Ontario, Quebec, Nova Scotia, and
New Brunswick. (6)
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|
Provinces of Ontario and Quebec |
6. |
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 |
7. |
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 |
8. |
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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|
III.
EXECUTIVE POWER
|
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Declaration of Executive Power in the
Queen |
9. |
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 |
10. |
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
|
11. |
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
|
12. |
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. (7)
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Application
of Provisions referring to
Governor General in Council
|
13. |
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
|
14. |
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
|
15. |
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 |
16. |
Until
the
Queen
otherwise directs, the Seat of Government of Canada shall be Ottawa.
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IV.
LEGISLATIVE
POWER
|
|
Constitution of Parliament of Canada |
17. |
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 |
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 any Act of the Parliament of Canada defining
such privileges, immunities, and powers shall not confer any
privileges, immunities, or powers exceeding those at the passing of
such Act held, enjoyed, and exercised by the Commons House of
Parliament of the United Kingdom of Great Britain and Ireland, and by
the members thereof. (8)
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|
First Session of the Parliament of
Canada |
19. |
The
Parliament of
Canada shall be called together not later than Six Months after the
Union. (9)
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|
[Repealed] |
20. |
Repealed. (10)
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|
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THE
SENATE
|
|
Number of Senators |
21. |
The
Senate
shall,
subject to the Provisions of this Act, consist of One Hundred and five
Members, who shall be styled Senators. (11)
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|
Representation of Provinces in Senate |
22. |
In
relation to the Constitution of the Senate Canada shall be deemed to
consist of Four Divisions:cralaw:red
1. Ontario;
2. Quebec;
3. The Maritime Provinces, Nova Scotia and New
Brunswick, and Prince Edward Island;
4. The Western Provinces of Manitoba, British
Columbia, Saskatchewan, and Alberta;
which Four Divisions shall (subject to the Provisions of this Act) be
equally represented in the Senate as follows: Ontario by twenty-four
senators; Quebec by twenty-four senators; the Maritime Provinces and
Prince Edward Island by twenty-four senators, ten thereof representing
Nova Scotia, ten thereof representing New Brunswick, and four thereof
representing Prince Edward Island; the Western Provinces by twenty-four
senators, six thereof representing Manitoba, six thereof representing
British Columbia, six thereof representing Saskatchewan, and six
thereof representing Alberta; Newfoundland shall be entitled to be
represented in the Senate by six members; the Yukon Territory and the
Northwest Territories shall be entitled to be represented in the Senate
by one member each.
In the Case of Quebec each of the Twenty-four Senators representing
that Province shall be appointed for One of the Twenty-four Electoral
Divisions of Lower Canada specified in Schedule A. to Chapter One of
the Consolidated Statutes of Canada.
(12)
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Qualifications of Senator |
23. |
The
Qualifications of a Senator shall be as follows:
| (1) |
He
shall
be of the full age of Thirty Years: |
| (2) |
He
shall
be either a natural-born Subject of the Queen, or a Subject of the
Queen naturalized by an Act of the Parliament of Great Britain, or of
the Parliament of the United Kingdom of Great Britain and Ireland, or
of the Legislature of One of the Provinces of Upper Canada, Lower
Canada, Canada, Nova Scotia, or New Brunswick, before the Union, or of
the Parliament of Canada after the Union: |
| (3) |
He
shall
be legally or equitably seised as of Freehold for his own Use and
Benefit of Lands or Tenements held in Free and Common Socage, or seised
or possessed for his own Use and Benefit of Lands or Tenements held in
Franc-alleu or in Roture, within the Province for which he is
appointed, of the Value of Four thousand Dollars, over and above all
Rents, Dues, Debts, Charges, Mortgages, and Incumbrances due or payable
out of or charged on or affecting the same: |
| (4) |
His
Real
and Personal Property shall be together worth Four thousand Dollars
over and above his Debts and Liabilities: |
| (5) |
He
shall
be resident in the Province for which he is appointed: |
| (6) |
In
the
Case of Quebec he shall have his Real Property Qualification in the
Electoral Division for which he is appointed, or shall be resident in
that Division. (13) |
|
| Summons of Senator |
24. |
The
Governor
General shall from Time to Time, in the Queen's Name, by Instrument
under the Great Seal of Canada, summon qualified Persons to the Senate;
and, subject to the Provisions of this Act, every Person so summoned
shall become and be a Member of the Senate and a Senator.
|
| [Repealed] |
25. |
Repealed. (14) |
| Addition of Senators in certain cases |
26. |
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. (15)
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| Reduction of Senate to normal Number |
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, to represent one of the Four
Divisions until such Division is represented by Twenty-four Senators
and no more. (16)
|
| Maximum Number of Senators |
28. |
The
Number
of
Senators shall not at any Time exceed One Hundred and thirteen.
(17)
|
| Tenure of Place in Senate |
29. |
(1)
Subject
to
subsection (2), a Senator shall, subject to the provisions of this Act,
hold his place in the Senate for life.
|
| Retirement upon attaining age of
seventy-five years |
|
(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. (18)
|
| Resignation of Place in Senate |
30. |
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.
|
| Disqualification of Senators |
31. |
The
Place
of a
Senator shall become vacant in any of the following Cases:
| (1) |
If
for
Two consecutive Sessions of the Parliament he fails to give his
Attendance in the Senate: |
| (2) |
If
he
takes an Oath or makes a Declaration or 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: |
| (3) |
If
he is
adjudged Bankrupt or Insolvent, or applies for the Benefit of any Law
relating to Insolvent Debtors, or becomes a public Defaulter: |
| (4) |
If
he is
attainted of Treason or convicted of Felony or of any infamous Crime: |
| (5) |
If
he
ceases to be qualified in respect of Property or of Residence;
provided, that a Senator shall not be deemed to have ceased to be
qualified in respect of Residence by reason only of his residing at the
Seat of the Government of Canada while holding an Office under that
Government requiring his Presence there.
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| Summons on Vacancy in Senate |
32. |
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.
|
| Questions as to Qualifications and
Vacancies in Senate |
33. |
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.
|
| Appointment of Speaker of Senate |
34. |
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. (19)
|
| Quorum of Senate |
35. |
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.
|
| Voting in Senate |
36. |
Questions
arising
in the Senate shall be decided by a Majority of Voices, and the Speaker
shall in all Cases have a Vote, and when the Voices are equal the
Decision shall be deemed to be in the Negative.
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|
THE HOUSE OF COMMONS
|
| Constitution of House of Commons in
Canada |
37. |
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. (20)
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| Summoning of House of Commons |
38. |
The
Governor
General shall from Time to Time, in the Queen's Name, by Instrument
under the Great Seal of Canada, summon and call together the House of
Commons.
|
| Senators not to sit in House of Commons |
39. |
A
Senator
shall
not be capable of being elected or of sitting or voting as a Member of
the House of Commons.
|
| Electoral districts of the four
Provinces |
40. |
Until
the
Parliament of Canada otherwise provides, Ontario, Quebec, Nova Scotia,
and New Brunswick shall, for the Purposes of the Election of Members to
serve in the House of Commons, be divided into Electoral Districts as
follows:
1. Ontario
Ontario shall be
divided into the Counties, Ridings of Counties,
Cities, Parts of Cities, and Towns enumerated in the First Schedule to
this Act, each whereof shall be an Electoral District, each such
District as numbered in that Schedule being entitled to return One
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. (21)
|
| Continuance of existing Election Laws
until Parliament of Canada otherwise provides |
41. |
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. (22)
|
| [Repealed] |
42. |
Repealed. (23) |
| [Repealed] |
43. |
Repealed. (24) |
| As to Election of Speaker of House of
Commons |
44. |
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.
|
| As to filling up Vacancy in Office of
Speaker |
45. |
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.
|
| Speaker to preside |
46. |
The
Speaker
shall
preside at all Meetings of the House of Commons.
|
| Provision in case of Absence of Speaker |
47. |
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. (25)
|
| Quorum of House of Commons |
48. |
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.
|
| Voting in House of Commons |
49. |
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.
|
| Duration of House of Commons |
50. |
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. (26)
|
| Readjustment of representation in
Commons |
51. |
(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: |
| Rules |
|
| 1. |
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.
|
| 2. |
If
the
total number of members that would be assigned to a province by the
application of rule 1 is less than the total number assigned to that
province on the date of coming into force of this subsection, there
shall be added to the number of members so assigned such number of
members as will result in the province having the same number of
members as were assigned on that date. (27)
| |
| Yukon Territory, Northwest Territories
and Nunavut |
|
(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. (28)
|
| Constitution of House of Commons |
51A. |
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. (29)
|
| Increase of Number of House of Commons |
52. |
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.
|
|
|
MONEY VOTES; ROYAL ASSENT
|
| Appropriation and Tax Bills |
53. |
Bills
for
appropriating any Part of the Public Revenue, or for imposing any Tax
or Impost, shall originate in the House of Commons.
|
| Recommendation of Money Votes |
54. |
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.
|
| Royal Assent to Bills, etc.chanrobles virtual law library |
55. |
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.
|
| Disallowance by Order in Council of Act
assented to by Governor General |
56. |
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.
|
| Signification of Queen's Pleasure on
Bill reserved |
57. |
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.
|
|
|
V.
PROVINCIAL CONSTITUTIONS
|
|
|
EXECUTIVE
POWER
|
| Appointment of Lieutenant Governors of
Provinces |
58. |
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.
|
| Tenure of Office of Lieutenant Governor |
59. |
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.
|
| Salaries of Lieutenant Governors |
60. |
The
Salaries of
the Lieutenant Governors shall be fixed and provided by the Parliament
of Canada. (30)
|
| Oaths, etc., of Lieutenant Governor |
61. |
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.
|
| Application of Provisions referring to
Lieutenant Governor |
62. |
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.
|
| Appointment of Executive Officers for
Ontario and Quebec |
63. |
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. (31)
|
| Executive Government of Nova Scotia and
New Brunswick |
64. |
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. (32)
|
| Powers to be exercised by Lieutenant
Governor of Ontario or Quebec with Advice, or alone |
65. |
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. (33)
|
| 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. (34)
|
|
|
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. (35)
|
| 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.chanrobles virtual law library |
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.chanrobles virtual law library |
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. (36)
|
|
|
3. ONTARIO AND
QUEBEC |
| [Repealed] |
81. |
Repealed. (37) |
| 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. (38)
|
| 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. (39)
|
| 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. (40)
|
| 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. (41)
|
| Speaker, Quorum, etc.chanrobles virtual law library |
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. (42)
|
|
|
5. ONTARIO,
QUEBEC, AND
NOVA SCOTIA |
| [Repealed] |
89. |
Repealed.
(43)
|
|
|
6. THE FOUR
PROVINCES |
| Application to Legislatures of
Provisions respecting Money Votes, etc.chanrobles virtual law library |
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.
|
|
|
VI.
DISTRIBUTION OF LEGISLATIVE POWERS |
|
|
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. (44) |
| 1A. |
The
Public
Debt and Property. (45) |
| 2. |
The
Regulation of Trade and Commerce.
|
| 2A. |
Unemployment
insurance. (46) |
| 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. (47) |
|
|
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. (48) |
| 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. (49)
|
|
|
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. (50) |
|
| Quebec |
93A. |
Paragraphs
(1) to
(4) of section 93 do not apply to Quebec. (50.1)
|
|
|
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. (51)
|
|
|
AGRICULTURE AND IMMIGRATION |
| Concurrent Powers of Legislation
respecting Agriculture, etc.chanrobles virtual law library |
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.
|
|
|
VII.
JUDICATURE |
| 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.chanrobles virtual law library |
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. (52)
|
| 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.
(53)
|
| General Court of Appeal, etc.chanrobles virtual law library |
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. (54)
|
|
|
VIII.
REVENUES; DEBTS; ASSETS; TAXATION |
| 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.chanrobles virtual law library |
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. (55)
|
| 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.chanrobles virtual law library |
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.chanrobles virtual law library |
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. (56)
|
| 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. (57)
|
| 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. (58) |
| 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. (59)
|
| 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.chanrobles virtual law library |
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. (60)
|
| 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. (61)
|
| 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. (62)
|
| Exemption of Public Lands, etc.chanrobles virtual law library |
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.
|
|
|
IX.
MISCELLANEOUS
PROVISIONS |
|
|
GENERAL |
| [Repealed] |
127. |
Repealed. (63) |
| Oath of Allegiance, etc.chanrobles virtual law library |
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.chanrobles virtual law library |
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. (64)
|
| 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. (65)
|
| 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. (66)
|
|
|
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. (67)
|
| 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. (68)
|
| 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. (69)
|
| 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. (70)
|
| 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. (71)
|
| Arbitration respecting Debts, etc.chanrobles virtual law library |
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. (72)
|
| 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. (73)
|
| 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.
|
|
|
X.
INTERCOLONIAL RAILWAY |
| [Repealed] |
145. |
Repealed. (74)
|
|
|
XI.
ADMISSION OF OTHER COLONIES |
| 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. (75)
|
| 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 Prince Edward Island, whether Newfoundland is admitted
or not, the Representation of Nova Scotia and New Brunswick in the
Senate shall, as Vacancies occur, be reduced from Twelve to Ten Members
respectively, and the Representation of each of those Provinces shall
not be increased at any Time beyond Ten, except under the Provisions of
this Act for the Appointment of Three or Six additional Senators under
the Direction of the Queen. (76) |
