Canadian Constitutional Documents  This web site does not claim to have the most complete, accurate and updated version of the Canadian Constitutional Documents. They are here to give readers the general thrust and content of Canada's Constitution, since few Canadians seem to know much about the Constitution.  Canada is unlike most countries regarding its Constitution. Most nation's basic law (their constitution) is derived from one document. However, Canada's basic law is derived from a set of legal documents (Constitutional Acts), as well as from unwritten laws and conventions. Add all these together from 1867(and even from before 1867) to the present year 2010, and you have the basic law of the land.  


The Royal Proclamation 1763                      BNA Act  1867  &  Schedules                     Rupert's Land Act, 1868        

Rupert's Land and North-Western Territory Order 1870                 Manitoba Act 1870           Constitution Act, 1871      

British Columbia Terms of Union 1871         Parliament of Canada Act, 1875                  Adjacent Territories Order 1880          

The Constitution Act, 1886                 Canada (Ontario Boundary) Act, 1889           Statute Law Revision Act, 1893               

The Yukon Territory Act, 1898                 The Alberta Act 1905                               The Saskatchewan Act  1905                  

BNA Act 1907              BNA Act 1915              Constitution Act 1930                      Statute of Westminster 1931       

Letters Patent Constituting  the Office of  Governor  General of Canada 1947                  Newfoundland Act 1949      

Constitution Act 1960           Constitution Act  1965                 

Constitution Act 1975 (No. 1)          Constitution Act 1975 (No. 2)            Miscellaneous Statute Law Revision Act, 1977

Constitutional Act 1982       Parts 1 to 7 

  1. Charter of Rights and Freedoms      

  2. Rights of the Aboriginal Peoples of Canada   

  3. Equalization and Regional Disparities  

  4. Constitutional Conference and 4.1 Constitutional Conferences

  5. Procedure for Amending Constitution of Canada       

  6. Amendment to the Constitution Act , 1867

  7. General

Constitutional  Amendments Proclaimed Since 1982           

The Canada Act, 1982             Bill C-110 -  !995                      

Constitution Act, 1999 (Nunavut)                     

Constitutional Amendment 2001 (Newfoundland and Labrador)

 

This web site does not claim to have the most complete, accurate and updated version of the Canadian Constitutional Documents. They are up here to just give readers the general thrust and content of Canada's Constitution, since so few Canadians seem to know much about the Constitution. 

Canada is unlike most countries regarding its Constitution. Most nation's basic law (their constitution) is derived from one document. However, Canada's basic law is derived from a set of legal documents (Constitutional Acts), as well as from unwritten laws and conventions. Add all these together from 1867(and even from before 1867) to the present year 2010, and you have the basic law of the land.  

All  the various laws, rules, and practices that structure the way the Canadian political system runs - add up to the "constitution" of Canada. This Constitution includes many statutes, orders-in-council, and judicial decisions that interpret these documents. As well informal rules exist, which are called constitutional conventions, which  govern how the political actors behave. There are also some traditions and customs which are not legally required, but are followed nevertheless. 

When most people refer to the Constitution, perhaps they are thinking of the subset of rules that make up the formal Canadian Constitution. Section 52 of the Constitutional Act, 1982 outlines what documents are part of the formal Constitution. These special collection of rules, are declared  the "supreme law of Canada," that takes precedence over any other law. The Constitution can only be changed according to the amending formula set out in Part V of the Constitution Act, 1982. Over two dozen (24) documents were included in the 1982 description of the Constitution, and since then over six new constitutional amendments have been added to that already very long and crowded list !!


The Royal Proclamation October 7, 1763

This document is also referenced in section 25 of the Canadian Constitution (part of the Charter 

of rights and freedoms) and implicitly in Section 35 of the Canadian Constitution.

 

(by The King, A proclamation, George R ) [extract]

(the first part refers to the transfer of Quebec from the french to the british and various

 administrivia related to the end of that war.)

 

. . . . And whereas it is just and reasonable, and essential to our Interest, and the Security of our 

Colonies, that the several Nations or Tribes of Indians with whom We are connected, and who 

live under our Protection, should not be molested or disturbed in the Possession of such Parts of 

Our Dominions and Territories as, not having been ceded to or purchased by Us, are reserved to

 them, or any of them, as their Hunting Grounds. Ñ We do therefore, with the Advice of our Privy

 Council, Declare it to be our Royal Will and Pleasure, that no Governor or Commander in Chief

 in any of our Colonies of Quebec, East Florida, or West Florida, do presume, upon any Pretence

 whatever, to grant Warrants of Survey, or pass any Patents for Lands beyond the Bounds of their 

respective Governments, as described in their commissions; as also that no Governor or Commander

 in Chief in any of our Colonies or Plantations in America do presume for the present and until our 

further Pleasure be known, to grant Warrants of Survey, or pass Patents for any Lands beyond 

the Heads or Sources of any of the Rivers which fall into the Atlantic Ocean from the West and 

North West, or upon any Lands whatever, which, not having been ceded to or purchased by Us 

as aforesaid, are reserved to the said Indians, or any of them.

 

And we do further declare it to be Our Royal Will and Pleasure, for the present as aforesaid, to 

reserve under our Sovereignty, Protection, and Dominion, for the use of the said Indians, all the

 Lands and Territories not included within the Limits of Our said Three new Governments, or within 

the Limits of the Territory granted to the Hudson's Bay Company, as also all the Lands and Territories

 lying to the Westward of the Sources of the Rivers which fall into the Sea from the West and North

 West as aforesaid.

 

And We do hereby strictly forbid, on Pain of our Displeasure, all our loving Subjects from making 

any Purchases or Settlements whatever, or taking Possession of any of the Lands above reserved, 

without our especial leave and License for that Purpose first obtained.

 

And, we do further strictly enjoin and require all Persons whatever who have either willfully or 

inadvertently seated themselves upon any Lands within the Countries above described, or upon 

any other Lands which, not having been ceded to or purchased by Us, are still reserved to the 

said Indians as aforesaid, forthwith to remove themselves from such Settlements.

 

And whereas great Frauds and Abuses have been committed in purchasing Lands of the Indians, 

to the great Prejudice of our Interests, and to the great Dissatisfaction of the said Indians; In order, 

therefore, to prevent such irregularities for the future and to the end that the Indians may be convinced 

of our Justice and determined Resolution to remove all reasonable Cause of Discontent, We do, with 

the Advice of our Privy Council Strictly enjoin and require that no private Person do presume to make 

any purchase from the said Indians, within those parts of our Colonies where, We have thought proper 

to allow Settlement; but that, if at any Time any of the Said Indians should be inclined to dispose of the 

said Lands, the same shall be Purchased only for Us, in our Name, at some public Meeting or Assembly 

of the said Indians, to be held for that Purpose by the Governor or Commander in Chief of our Colony 

respectively within which they shall lie; and in case they shall lie within the limits of any Proprietary 

Government, they shall be purchased only for the Use and in the name of such Proprietaries, conformable 

to such Directions and Instructions as We or they shall think proper to give for that Purpose; And we 

do, by the Advice of our Privy Council, declare and enjoin, that the Trade with said Indians shall be

 free and open to all our Subjects whatever, provided that every Person who may incline to Trade with 

said Indians do take out a License for carrying out such Trade from the Governor or Commander in 

Chief of any of our Colonies respectively where such Person shall reside, and also give Security to 

observe such Regulations as We shall at any Time think fit, by ourselves or by our Commissaries to 

be appointed for this Purpose, to direct and appoint for the Benefit of the said Trade:

 

And we do hereby authorize, enjoin, and require the Governors and Commanders in Chief of all our 

Colonies respectively, as well those under Our immediate Government as those under the Government 

and Direction of Proprietaries, to grant such Licenses without Fee or Reward, taking especial Care to 

insert therein a Condition, that such Licence shall be void and the Security forfeited in the case the 

Person to whom the same is granted shall refuse or neglect to observe such Regulations as We shall 

think proper to prescribe as aforesaid.

 

And we do further expressly enjoin and require all Officers whatever, as well Military as those 

Employed in the Management and Direction of Indian Affairs, within the Territories reserved 

as aforesaid for the use of the said Indians, to seize and apprehend all Persons whatever, who 

standing charged with Treason, Misprisions of Treason, Murders, or other Felonies or 

Misdemeanors, shall fly from Justice and take Refuge in the said Territory, and to send them 

under a proper guard to the Colony where the Crime was committed of which they stand 

accused, in order to take their Trial for the same

Given at our Court at St. James's the 7th Day of October 1763, in the Third Year of our Reign.

 

GOD SAVE THE KING

 

 

 

 

Constitution Act, 1867   (Originally, "The British North America Act, 1867")

(U.K. 30 & 31 Victoria, C.3)

(Consolidated with amendments)

An Act for the Union of Canada, Nova Scotia, and New Brunswick, and

the Government thereof, and for Purposes connected therewith.

(29 March, 1867.)

WHEREAS the Provinces of Canada, Nova Scotia and New Brunswick have

expressed their Desire to be federally united into One Dominion under

the Crown of the United Kingdom of Great Britain and Ireland, with a

Constitution similar in Principle to the United Kingdom;

AND WHEREAS such a Union would conduce to the Welfare of the Provinces

and promote the Interests of the British Empire;

AND WHEREAS on the Establishment of the Union by Authority of

Parliament it is expedient, not only that the Constitution of the

Legislative Authority in the Dominion be provided for, but also that

the Nature of the Executive Government therein be declared;

AND WHEREAS it is expedient that Provision be made for the eventual

Admission into the Union of other Parts of British North America:

 

I. Preliminary

1. This Act may be cited as the Constitution Act, 1867.

2. REPEALED.

 

II. 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.

[July 1st, 1867 was fixed by proclamation dated May 22, 1867.]

4. Unless it is otherwise expressed or implied, the Name  Canada shall be taken to mean 

Canada as constituted under this Act.

 

5. Canada shall be divided into Four Provinces, named Ontario, Quebec, Nova Scotia and New Brunswick.

 

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 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.

 

7. The Provinces of Nova Scotia and New Brunswick shall have the same Limits as at the passing of this Act.

 

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.

 

III. Executive Power

9. The Executive Government and Authority of and over Canada

is hereby declared to continue and be vested in the Queen.

 

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 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.

 

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 Councilors, and

Members thereof may be from Time to Time removed by the

Governor General.

 

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

exercisable 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 and

Number of Members thereof, or by those Governors or Lieutenant

Governors individually, shall, as far as the same continue in

existence and capable being exercised after the Union in

relation to the Government of Canada, be vested in and

exercisable by the Governor General with the Advice, or the

Advice and Consent of or in conjunction with the Queen's Privy

Council for Canada, or any Member thereof, or by the Governor

General individually, as the Case requires, subject

nevertheless (except with respect to such as exist under the

Acts of the Parliament of Great Britain or the Parliament of

the United Kingdom of Great Britain and Ireland) to be

abolished or altered by the Parliament of Canada.

[The restriction against abolishing or altering Laws enacted

by the Parliament of the United Kingdom was removed by _The

Statute of Westminster, 1931_, 22 Geo. V., c.4 (U.K).]

 

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.

 

14. It shall be lawful for the Queen, if Her Majesty thinks

fit, to authorize the Governor General from Time to Time to

appoint and 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.

 

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.

 

16. Until the Queen otherwise directs, the Seat of Government

of Canada shall be Ottawa.

 

IV. Legislative Power

17. There shall be One Parliament for Canada consisting of the

Queen, and Upper House Styled the Senate, and the House of  Commons.

 

18. The privileges, immunities, and powers held, enjoyed, and

exercised by the Senate and House of Commons, and by the

Members thereof, 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, or powers shall not confer and privileges,

immunities, or powers exceeding those at the passing of the

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.

 

19. The Parliament of Canada shall be called together not

later than Six Months after the Union.

20. REPEALED.

 

The Senate

21. The Senate Shall, subject to the Provisions of this Act,

consist of One Hundred and four Members, who shall be styled

Senators.

22. In relation to the Constitution of the Senate Canada shall  be 

deemed to consist of Four Divisions:

1. Ontario

2. Quebec

3. The Maritime Provinces, Nova Scotia and New Brunswick, and Prince Edward Island;

4. The Western Provinces of Manitoba, British

Columbia, Saskatchewan, and Alberta;

which Four Divisions shall (subject to the Provisions of this

Act) be equally represented in the Senate as follows: Ontario

by 24 senators; Quebec by 24 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 statues of

Canada.

 

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 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,

Nova Scotia, or New Brunswick, before the Union, or of

the Parliament of Canada, after the Union;

(3) He shall be legally or equitably seized as of

Freehold for his Own Use and Benefit of Lands or

Tenements held in Free and Common Socage, or seized 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 Encumbrances 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.

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.

25. REPEALED.

 

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.

 

27. In case of such Addition be at any Time made, the Governor

General shall not summon any Person to the Senate, except upon

a further like Direction by the Queen on the like

Recommendation, to represent, to represent one of the Four

Divisions until such Division is represented by Twenty-Four  Senators and no more.

 

28. The Number of Senators shall not at any Time exceed One

Hundred and twelve.

 

29. (1) Subject to subsection (2), a Senator shall, subject to

the provisions of this Act, hold his place in the Senate for

life.

(2) A Senator who is summoned to the Senate after the

coming into force of this subsection shall, subject to this

Act, hold his place in the Senate until he attains the age of

seventy-five years.

 

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.

 

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

Acknowledgement of Allegiance, Obedience, or Adherence

to a Foreign Power, or does an Act whereby he becomes

a Subject or Citizen, or entitled to the Rights and

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 a

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.

 

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.

 

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.

 

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.

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.

 

36. Questions arising in the Senate shall be decided by a

Majority of Voices, and the Speaker shall in all Cases have a

Vote, and when the Voices are equal the Decision shall be

deemed to be in the Negative.

 

The House of Commons

37. The House of Commons shall, subject to the Provisions of

this Act, consist of two hundred and eighty-two members of

whom ninety- five shall be elected for Ontario, seventy-five

for Quebec, eleven for Nova Scotia, ten for New Brunswick,

fourteen for Manitoba, twenty-eight for British Columbia, four

for Prince Edward Island, twenty-one for Alberta, fourteen for

Saskatchewan, seven for Newfoundland, one for the Yukon

Territory and two for the Northwest Territories.

 

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.

 

39. A Senator shall not be capable of being elected or of

sitting or voting as a Member of the House of Commons.

40. SPENT.

 

[Defined Federal electoral districts for the original  provinces. 

Now covered by the Representation Act, 1952,

c.334, as amended.]

41. SPENT.   [Defined Federal electoral regulations for the  provinces. 

Now covered by the  Canada 

Elections Act, 1960, c.38, as amended.]

42. REPEALED.

43. REPEALED.

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.

 

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.

 

46. The Speaker shall preside at all Meetings of the House of Commons.

47. SPENT.

[Provisions for exercising the powers of the Speaker of the

House of Commons in his absence. Now covered by  The Speaker

of the House of Commons Act, 1952, c. 254, as amended.]

 

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.

 

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.

 

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.

51. Omitted.

 

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.

52. The Number of Members of the House of Commons may be from  Time to Time increased 

by the Parliament 

of Canada, provided  that the proportionate Representation of the Provinces  prescribed by this 

Act is not  thereby disturbed.

 

Money Votes; Royal Assent

53. Bills for appropriating any Part of the Public Revenue, or

for imposing any Tax or Impost, shall originate in the House

of Commons.

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.

 

55. Where a Bill passed by 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.

 

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 on 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.

 

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

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.

 

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 removable within Five Years

from his Appointment, except for Cause assigned, which shall

be communicated to be 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.

60. The Salaries of the Lieutenant Governors shall be fixed  and provided by the 

Parliament of Canada.

61. Every Lieutenant Governor shall, before assuming the

Duties of his Office, make and subscribe before the Governor

General of some Person authorized by him Oaths of Allegiance

and Office similar to those taken by the Governor General.

 

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.

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, the Commissioner of Agriculture

and Public Works, with in Quebec the Speaker of the

Legislative Council and the Solicitor General.

 

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.

 

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 exercisable by the

respective Governors or Lieutenant Governors of those

Provinces, 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

Governors of Ontario and Quebec respectively, with the Advice

or 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.

[See note to section 12, above.]

 

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.

 

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.

 

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

69. There shall be a Legislature for Ontario consisting of the

Lieutenant Governor and of One House, styled the Legislative  Assembly of Ontario.

70. SPENT.

[Defined size and composition of the Legislative Assembly of

Ontario. Now covered by the _Representation Act, MRS..

1960_, c.353.]

2. 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.

72. SPENT.

[Defined size, composition and term of the Legislative Council

of Quebec. Now covered by the _Legislature Act, R.S.Q. 1964_,

c. 6.]

73. The Qualifications of the Legislative Councilors of

Quebec shall be the same as those of the Senators of Quebec.

 

74. The Place of a Legislative Councilor of Quebec shall

become vacant in the Cases, _mutatis mutandis_, in which the

Place of Senator becomes vacant.

75. When 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.

 

76. If any Question arises respecting the Qualifications of a

Legislative Councilor of Quebec, or a Vacancy in the

Legislative Council of Quebec, the same shall be heard and

determined by the Legislative Council.

77. SPENT.

[Appointment of Speaker of the Legislative Council of Quebec.

Now covered by the _Legislature Act_.]

 

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.

 

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.

80. SPENT.

[Defined size and composition of Legislative Assembly of

Quebec. Now covered by the _Legislature Act_.]

 

3. Ontario and Quebec

81. REPEALED.

82. The Lieutenant Governor of Ontario and 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.

83. SPENT.

[Eligibility requirements for members of the Legislative

Assembly. Covered by the _Legislative Assembly Act, R.S.O.

1960_ in Ontario, and by the _Legislature Act, R.S.Q. 1964_ in

Quebec.]

84. SPENT.

[Defined Provincial election rules for Ontario and Quebec. Now

covered by the a number of Acts in each province, notably the

_Elections Act, R.S.O. 1960_ in Ontario and the _Elections

Act, R.S.Q. 1964_ in Quebec.]

85. SPENT.

[Defined the maximum duration of a sessions of each of the

Legislative Assemblies. Now covered by the _Legislature Act_

of each of the provinces (see above).]

 

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 and its first Sitting of the next

Session.

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 applicable in Terms to

each such Legislative assembly.

 

4. 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.

89. REPEALED.

 

6. The Four Provinces

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 where here re-enacted and made applicable in

Terms to the respective Provinces and the Legislatures

thereof, with the Substitution of 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 Powers

91. It shall be Lawful for the Queen, by and with the Advice

and Consent of the Senate and the 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 the 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 hereinafter enumerated; that is to say,

1. REPEALED.

1A. The Public Debt and Property.

2. The Regulation of Trade and Commerce.

2A. Unemployment insurance.

3. The Raising of Money by any Mode or System of  Taxation.

4. The borrowing of Money on the Public Credit.

5. Postal Service.

6. The Census and Statistics.

7. Militia, Military and Naval Service, and Defense.

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 for the Constitution of  Courts of Criminal Jurisdiction, but including the

Procedure in Criminal Matters.

28. The Establishment, Maintenance, and Management of Penitentiaries.

29. Such Classes of Subjects as are expressly excepted in the Enumeration of the Classes of Subjects by

this Act assigned exclusively to the Legislatures of the Provinces.

And any Matter coming within any of the Classes of Subjects

enumerated in this Section shall not be deemed to come within

the Class of matters of a local or private Nature comprised in

the Enumeration of the Classes of Subjects by this Act

assigned exclusively to the Legislatures of the Provinces.

 

Exclusive Powers of the Provincial Legislatures

92. In each Province the Legislature may exclusively make Laws

in relation to matters coming within the Classes of Subject

next hereinafter enumerated; that is to say, --

1. REPEALED.

2. Direct Taxation within the Province in order to the raising of a 

Revenue for Provincial Purposes.

3. The borrowing of Money on the sole Credit of the Province.

4. The Establishment and Tenure of Provincial Offices and the Appointment 

and Payment of Provincial Officers.

5. The Management and Sale of the Public Lands belonging to the Province 

and of the Timber and  Wood thereon.

6. The Establishment, Maintenance, and Management of  Public and Reformatory

 Prisons in and for the Province.

7. The Establishment, Maintenance, and Management of  Hospitals, Asylums, 

Charities, and Eleemosynary Institutions in and for the Province, other than  

Marine Hospitals.

8. Municipal Institutions in the Province.

9. Shop, Saloon, Tavern, Auctioneer, and other  Licenses 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 Province, 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 wholely situate

within the Province, are before or after their

Execution declared 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 within 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

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.

(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 productions from

facilities in the province for the generation of

electrical energy, but such laws may not authorize or

provide for discrimination in prices or supplies

exported to another part of Canada.

(3) Nothing in subsection (2) derogates from the

authority of Parliament to enact laws in relation to

the matters referred to in that subsection and, where

such a law of Parliament and a law of a Province

conflict, the law of Parliament prevails to the

extent of the conflict.

(4) In each province, the legislature may make laws in relation to the raising of 

money by any mode or system of taxation in respect of

(a) non-renewable natural resources and  forestry resources in the province and

the primary production therefrom, and

(b) sites and facilities in the province for

the generation of electrical energy and

the production there from,

whether or not such production is exported in whole

or in part from the province, but such laws may not

authorize or provide for taxation that differentiates

between production exported to another part of Canada

and production not exported from the province.

(5) The Expression "primary production" has the meaning  

assigned in the Sixth Schedule.

(6) Nothing subsections (1) to (5) derogates from any

powers or rights that a legislature or government of

a province had immediately before the coming into

force of this section.

 

Education

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

Dissentiant 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, the 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.

 

Uniformity of Laws in Ontario, Nova Scotia and New Brunswick

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 of 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 Las by the Legislature thereof.

 

Old Age Pensions

94A. The Parliament of Canada may make laws in relation to old

age pensions and supplementary benefits, including survivors,

and disability benefits irrespective of age, but no such law

shall affect the operation of any law present or future of a

provincial legislature in relation to any such matter.

 

Agriculture and Immigration

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 of 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

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

96. The Governor General shall appoint the Judges of the

Superior, District, and County Courts in each Province, except

those of the Course of Probate in Nova Scotia and New  Brunswick.

 

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.

 

98. The Judges of the Courts of Quebec shall be selected from

the Bar of that Province.

 

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.

(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 forces of this section if at that time he

has already attained that age.

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.

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.

 

VIII. Revenues; Debts; Assets; Taxation

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 for 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.

 

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.

104. The annual Interest on 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.

105. Unless altered by the Parliament of Canada, Salary of the

Governor General shall be Ten thousand Pounds of 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.

 

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.

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.

 

108. The Public Works and Property of each Province,

enumerated in the Third Schedule to this Act, shall be the  Property of Canada.

 

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 of arise, subject to any trusts

existing in respect thereof, and to any Interest other than

that of the Province in same.

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.

 

111. Canada shall be liable for the Debts and Liabilities of  each Province existing at the Union.

 

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.

 

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.

 

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.

 

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.

 

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.

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 Defense of the Country.

118. REPEALED.

119. SPENT.

[Initial transfer payments on New Brunswick's debt at the time of Union.]

 

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.

 

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.

122. SPENT.

123. SPENT.

124. SPENT.

[These three clauses defined initial and the transition from

the existing Provincial regulations to the new Federal customs

regulations. Now covered by a host of Federal regulations and  Acts.]

 

125. No Lands or Property belonging to Canada or any Province shall be liable to Taxation.

 

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 and

Legislatures of the Provinces, and all Duties and Revenues

raised by them in accordance with the special Powers conferred

upon them by this Act, shall in each Province form One

Consolidated Revenue Fund to be appropriated for the Public  Service of the Province.

 

IX. Miscellaneous Provisions

General

127. REPEALED.

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 this Seat therein take and

subscribe before the Lieutenant Governor 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 contained in the same Schedule.

 

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.

[See the note to section 12, above.]

130. SPENT.

[Withdrawal of power from provincial officials concerned with

subjects coming under the jurisdiction of the Federal government at the time of Union.]

 

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.

 

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.

 

133. Either the English or the French Language may be used by

any Person in the Debates of the Houses or the Parliament of

Canada and of the Houses of the Legislature of Quebec; 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 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.

134. SPENT.

135. SPENT.

[These two clauses deal with the withdrawal of power from

provincial cabinet ministers dealing with subjects coming under

the jurisdiction of the Federal government at the time of

Union.]

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.

 

137. The words "and from thence to the End of 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.

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.

139. SPENT.

[Continuance of proclamations issued under the Great Seal of

the Province of Canada issued before the Union to take effect

after the Union.]

140. SPENT.

[Issue of proclamations after the Union authorized by Acts

passed by the Province of Canada before the Union.]

141. SPENT.

[Continuance of the Penitentiary of Canada as the Penitentiary  of Ontario and Quebec.]

142. SPENT.

[Arbitration of debts between Ontario and Quebec at the time  of Union.]

143. SPENT.

[Division of records between Ontario and Quebec at the time of  Union.]

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 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.

145. REPEALED.

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 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 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 on that Behalf

shall have effect as if they had been enacted by the

Parliament of the United Kingdom of Great Britain and Ireland.

147. SPENT.

[Admission of Newfoundland and Nova Scotia.]

 

SCHEDULES

 

(The first to fifth schedules are omitted)

The Sixth Schedule

Primary Production from Non-Renewable Natural

Resources and Forestry Resources.

 

1. For the purposes of Section 92A of this Act,

(a) production from a non-renewable natural

resource is primary production therefrom if

(i) it is in the form in which it exists

upon its recovery or severance

from its natural state, or

(ii) it is a product resulting from

processing or refining the resource,

and is not a manufactured product or

a product resulting from refining

crude oil, refining upgraded heavy

crude oil, refining gases or liquids

derived from coal, or refining

synthetic equivalent of crude oil;

and

(b) production from a forestry resource is

primary production therefrom if it consists of

saw logs, poles, lumber, wood chips, sawdust or

other primary wood product or wood pulp, and is

not a product manufactured from wood.

 

 

 

Schedules 

  1. First Schedule

  2. Second Schedule

  3. Third Schedule

  4. Fourth Schedule

  5. Fifth Schedule

  6. Sixth Schedule

 

 

THE FIRST SCHEDULE

Electoral Districts of Ontario

 

A.
Existing Electoral Divisions

Counties
1. Prescott.
2. Glengarry.
3. Stormont.
4. Dundas.
5. Russell.
6. Carleton.
7. Prince Edward.
8. Halton.
9. Essex.
Ridings of Counties
10. North Riding of Lanark.
11. South Riding of Lanark.
12. North Riding of Leeds and North Riding of Grenville.
13. South Riding of Leeds.
14. South Riding of Grenville.
15. East Riding of Northumberland.
16. West Riding of Northumberland (excepting therefrom the Township of South Monaghan).
17. East Riding of Durham.
18. West Riding of Durham.
19. North Riding of Ontario.
20. South Riding of Ontario.
21. East Riding of York.
22. West Riding of York.
23. North Riding of York.
24. North Riding of Wentworth.
25. South Riding of Wentworth.
26. East Riding of Elgin.
27. West Riding of Elgin.
28. North Riding of Waterloo.
29. South Riding of Waterloo.
30. North Riding of Brant.
31. South Riding of Brant.
32. North Riding of Oxford.
33. South Riding of Oxford.
34. East Riding of Middlesex.
Cities, Parts of Cities, and Towns
35. West Toronto.
36. East Toronto.
37. Hamilton.
38. Ottawa.
39. Kingston.
40. London.
41. Town of Brockville, with the Township of Elizabethtown thereto attached.
42. Town of Niagara, with the Township of Niagara thereto attached.
43. Town of Cornwall, with the Township of Cornwall thereto attached.

 

B.
New Electoral Divisions

44. The Provisional Judicial District of Algoma.
The County of Bruce, divided into Two Ridings, to be called respectively the North and South Ridings:
45. The North Riding of Bruce to consist of the Townships of Bury, Lindsay, Eastnor, Albermarle, Amable, Arran, Bruce, Elderslie, and Saugeen, and the Village of Southampton.
46. The South Riding of Bruce to consist of the Townships of Kincardine (including the Village of Kincardine), Greenock, Brant, Huron, Kinloss, Culross, and Carrick.
The County of Huron, divided into Two Ridings, to be called respectively the North and South Ridings:
47. The North Riding to consist of the Townships of Ashfield, Wawanosh, Turnberry, Howick, Morris, Grey, Colborne, Hullett, including the Village of Clinton, and McKillop.
48. The South Riding to consist of the Town of Goderich and the Townships of Goderich, Tuckersmith, Stanley, Hay, Usborne, and Stephen.
The County of Middlesex, divided into three Ridings, to be called respectively the North, West, and East Ridings:
49. The North Riding to consist of the Townships of McGillivray and Biddulph (taken from the County of Huron), and Williams East, Williams West, Adelaide, and Lobo.
50. The West Riding to consist of the Townships of Delaware, Carradoc, Metcalfe, Mosa and Ekfrid, and the Village of Strathroy.
[The East Riding to consist of the Townships now embraced therein, and be bounded as it is at present.]
51. The County of Lambton to consist of the Townships of Bosanquet, Warwick, Plympton, Sarnia, Moore, Enniskillen, and Brooke, and the Town of Sarnia.
52. The County of Kent to consist of the Townships of Chatham, Dover, East Tilbury, Romney, Raleigh, and Harwich, and the Town of Chatham.
53. The County of Bothwell to consist of the Townships of Sombra, Dawn, and Euphemia (taken from the County of Lambton), and the Townships of Zone, Camden with the Gore thereof, Orford, and Howard (taken from the County of Kent).
The County of Grey divided into Two Ridings to be called respectively the South and North Ridings:
54. The South Riding to consist of the Townships of Bentinck, Glenelg, Artemesia, Osprey, Normanby, Egremont, Proton, and Melancthon.
55. The North Riding to consist of the Townships of Collingwood, Euphrasia, Holland, Saint-Vincent, Sydenham, Sullivan, Derby, and Keppel, Sarawak and Brooke, and the Town of Owen Sound.
The County of Perth divided into Two Ridings, to be called respectively the South and North Ridings:
56. The North Riding to consist of the Townships of Wallace, Elma, Logan, Ellice, Mornington, and North Easthope, and the Town of Stratford.
57. The South Riding to consist of the Townships of Blanchard, Downie, South Easthope, Fullarton, Hibbert, and the Villages of Mitchell and Ste. Marys.
The County of Wellington divided into Three Ridings to be called respectively North, South and Centre Ridings:
58. The North Riding to consist of the Townships of Amaranth, Arthur, Luther, Minto, Maryborough, Peel, and the Village of Mount Forest.
59. The Centre Riding to consist of the Townships of Garafraxa, Erin, Eramosa, Nichol, and Pilkington, and the Villages of Fergus and Elora.
60. The South Riding to consist of the Town of Guelph, and the Townships of Guelph and Puslinch.
The County of Norfolk, divided into Two Ridings, to be called respectively the South and North Ridings:
61. The South Riding to consist of the Townships of Charlotteville, Houghton, Walsingham, and Woodhouse, and with the Gore thereof.
62. The North Riding to consist of the Townships of Middleton, Townsend, and Windham, and the Town of Simcoe.
63. The County of Haldimand to consist of the Townships of Oneida, Seneca, Cayuga North, Cayuga South, Raynham, Walpole, and Dunn.
64. The County of Monck to consist of the Townships of Canborough and Moulton, and Sherbrooke, and the Village of Dunnville (taken from the County of Haldimand), the Townships of Caister and Gainsborough (taken from the County of Lincoln), and the Townships of Pelham and Wainfleet (taken from the County of Welland).
65. The County of Lincoln to consist of the Townships of Clinton, Grantham, Grimsby, and Louth, and the Town of St. Catherines.
66. The County of Welland to consist of the Townships of Bertie, Crowland, Humberstone, Stamford, Thorold, and Willoughby, and the Villages of Chippewa, Clifton, Fort Erie, Thorold, and Welland.
67. The County of Peel to consist of the Townships of Chinguacousy, Toronto, and the Gore of Toronto, and the Villages of Brampton and Streetsville.
68. The County of Cardwell to consist of the Townships of Albion and Caledon (taken from the County of Peel), and the Townships of Adjala and Mono (taken from the County of Simcoe).
The County of Simcoe, divided into Two Ridings, to be called respectively the South and North Ridings:
69. The South Riding to consist of the Townships of West Gwillimbury, Tecumseth, Innisfil, Essa, Tosorontio, Mulmur, and the Village of Bradford.
70. The North Riding to consist of the Townships of Nottawasaga, Sunnidale, Vespra, Flos, Oro, Medonte, Orillia and Matchedash, Tiny and Tay, Balaklava and Robinson, and the Towns of Barrie and Collingwood.
The County of Victoria, divided into Two Ridings, to be called respectively the South and North Ridings:
71. The South Riding to consist of the Townships of Ops, Mariposa, Emily, Verulam, and the Town of Lindsay.
72. The North Riding to consist of the Townships of Anson, Bexley, Carden, Dalton, Digby, Eldon, Fenelon, Hindon, Laxton, Lutterworth, Macaulay and Draper, Sommerville, and Morrison, Muskoka, Monck and Watt (taken from the County of Simcoe), and any other surveyed Townships lying to the North of the said North Riding.
The County of Peterborough, divided into Two Ridings, to be called respectively the West and East Ridings:
73. The West Riding to consist of the Townships of South Monaghan (taken from the County of Northumberland), North Monaghan, Smith, and Ennismore, and the Town of Peterborough.
74. The East Riding to consist of the Townships of Asphodel, Belmont and Methuen, Douro, Dummer, Galway, Harvey, Minden, Stanhope and Dysart, Otonabee, and Snowden, and the Village of Ashburnham, and any other surveyed Townships lying to the North of the said East Riding.
The County of Hastings, divided into Three Ridings, to be called respectively the West, East, and North Ridings:
75. The West Riding to consist of the Town of Belleville, the Township of Sydney, and the Village of Trenton.
76. The East Riding to consist of the Townships of Thurlow, Tyendinaga, and Hungerford.
77. The North Riding to consist of the Townships of Rawdon, Huntingdon, Madoc, Elzevir, Tudor, Marmora, and Lake, and the Village of Stirling, and any other surveyed Townships lying to the North of the said North Riding.
78. The County of Lennox to consist of the Townships of Richmond, Adolphustown, North Fredericksburg, South Fredericksburg, Ernest Town, and Amherst Island, and the Village of Napanee.
79. The County of Addington to consist of the Townships of Camden, Portland, Sheffield, Hinchinbrooke, Kaladar, Kennebec, Olden, Oso, Anglesea, Barrie, Clarendon, Palmerston, Effingham, Abinger, Miller, Canonto, Denbigh, Loughborough, and Bedford.
80. The County of Frontenac to consist of the Townships of Kingston, Wolfe Island, Pittsburg and Howe Island, and Storrington.
The County of Renfrew, divided into Two Ridings, to be called respectively the South and North Ridings:
81. The South Riding to consist of the Townships of McNab, Bagot, Blithfield, Brougham, Horton, Admaston, Grattan, Matawatchan, Griffith, Lyndoch, Raglan, Radcliffe, Brudenell, Sebastopol, and the Villages of Arnprior and Renfrew.
82. The North Riding to consist of the Townships of Ross, Bromley, Westmeath, Stafford, Pembroke, Wilberforce, Alice, Petawawa, Buchanan, South Algona, North Algona, Fraser, McKay, Wylie, Rolph, Head, Maria, Clara, Haggerty, Sherwood, Burns, and Richards, and any other surveyed Townships lying North-westerly of the said North Riding.
Every Town and incorporated Village existing at the Union, not especially mentioned in this Schedule, is to be taken as Part of the County or Riding within which it is locally situate.

THE SECOND SCHEDULE

Electoral Districts of Quebec specially fixed

Counties of
Pontiac. Missisquoi. Compton.
Ottawa. Brome. Wolfe and Richmond.
Argenteuil. Shefford. Megantic.
Huntingdon. Stanstead. Town of Sherbrooke.

THE THIRD SCHEDULE

Provincial Public Works and Property to be the Property of Canada

1. Canals, with Lands and Water Power connected therewith.
2. Public Harbours.
3. Lighthouses and Piers, and Sable Island.
4. Steamboats, Dredges, and public Vessels.
5. Rivers and Lake Improvements.
6. Railways and Railway Stocks, Mortgages, and other Debts due by Railway Companies.
7. Military Roads.
8. Custom Houses, Post Offices, and all other Public Buildings, except such as the Government of Canada appropriate for the Use of the Provincial Legislatures and Governments.
9. Property transferred by the Imperial Government, and known as Ordnance Property.
10. Armouries, Drill Sheds, Military Clothing, and Munitions of War, and Lands set apart for general Public Purposes.

THE FOURTH SCHEDULE

Assets to be the Property of Ontario and Quebec conjointly

Upper Canada Building Fund.
Lunatic Asylums.
Normal School.
Court Houses in Aylmer. Montreal. Kamouraska. (Lower Canada.)
Law Society, Upper Canada.
Montreal Turnpike Trust.
University Permanent Fund.
Royal Institution.
Consolidated Municipal Loan Fund, Upper Canada.
Consolidated Municipal Loan Fund, Lower Canada.
Agricultural Society, Upper Canada.
Lower Canada Legislative Grant.
Quebec Fire Loan.
Temiscouata Advance Account.
Quebec Turnpike Trust.
Education - East.
Building and Jury Fund, Lower Canada.
Municipalities Fund.
Lower Canada Superior Education Income Fund.

THE FIFTH SCHEDULE

Oath of Allegiance

I A.B. do swear, That I will be faithful and bear true Allegiance to Her Majesty Queen Victoria.
Note. The Name of the King or Queen of the United Kingdom of Great Britain and Ireland for the Time being is to be substituted from Time to Time, with proper Terms of Reference thereto.

Declaration of Qualification

I A.B. do declare and testify, That I am by Law duly qualified to be appointed a Member of the Senate of Canada [or as the Case may be], and that I am legally or equitably seised as of Freehold for my own Use and Benefit of Lands or Tenements held in Free and Common Socage [or seised or possessed for my own Use and Benefit of Lands or Tenements held in Franc-alleu or in Roture (as the Case may be),] in the Province of Nova Scotia [or as the Case may be] of the Value of Four thousand Dollars over and above all Rents, Dues, Debts, Mortgages, Charges, and Incumbrances due or payable out of or charged on or affecting the same, and that I have not collusively or colourably obtained a Title to or become possessed of the said Lands and Tenements or any Part thereof for the Purpose of enabling me to become a Member of the Senate of Canada [or as the Case may be], and that my Real and Personal Property are together worth Four thousand Dollars over and above my Debts and Liabilities.

THE SIXTH SCHEDULE

Primary Production from Non-Renewable Natural Resources and Forestry Resources

1. For the purposes of section 92A of this Act,

(a) production from a non-renewable natural resource is primary production therefrom if

(i) it is in the form in which it exists upon its recovery or severance from its natural state, or

(ii) it is a product resulting from processing or refining the resource, and is not a manufactured product or a product resulting from refining crude oil, refining upgraded heavy crude oil, refining gases or liquids derived from coal or refining a synthetic equivalent of crude oil; and

(b) production from a forestry resource is primary production therefrom if it consists of sawlogs, poles, lumber, wood chips, sawdust or any other primary wood product, or wood pulp, and is not a product manufactured from wood.

 

Next        Updated  06/11/2010

Hit Counter