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
-
Charter of Rights and Freedoms
-
Rights
of the Aboriginal Peoples of Canada
-
Equalization
and Regional Disparities
-
Constitutional
Conference and 4.1
Constitutional
Conferences
-
Procedure
for Amending Constitution of Canada
-
Amendment
to the Constitution Act , 1867
-
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
-
First Schedule
-
Second Schedule
-
Third Schedule
-
Fourth Schedule
-
Fifth Schedule
-
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
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