THE CONSTITUTION ACTS 1867 to 1982

CANADA

A Consolidation of

THE

CONSTITUTION

ACTS

1867 to 1982

DEPARTMENT OF JUSTICE

CANADA

Consolidated as of January 1, 2013

©Her Majesty the Queen in Right of Canada,

represented by the Minister of Public Works and

Government Services, 2012.

Available through your local book seller or by mail

from Publishing and Depository Services

Public Works and Government Services Canada

Ottawa, Ontario

K1A 0S5

Telephone: (613) 941-5995

Fax: (613) 954-5779

Orders only: 1-800-635-7943

Internet: http://publications.gc.ca

Catalogue No.: YX1-1/2012

ISBN: 978-0-660-67458-2

iii

FOREWORD

Consolidation of the Constitution Acts, 1867 to 1982

This consolidation contains the text of the Constitution Act, 1867 (formerly the

British North America Act, 1867), together with amendments made to it since its en-

actment, and the text of the Constitution Act, 1982, as amended since its enactment.

The Constitution Act, 1982 contains the Canadian Charter of Rights and Freedoms

and other provisions, including the procedure for amending the Constitution of

Canada.

The Constitution Act, 1982 also contains a schedule of repeals of certain constitu-

tional enactments and provides for the renaming of others. The British North Ameri-

ca Act, 1949, for example, is renamed as the Newfoundland Act. The new names of

these enactments are used in this consolidation, but their former names may be

found in the schedule.

The Constitution Act, 1982 was enacted as Schedule B to the Canada Act 1982,

1982, c. 11 (U.K.). It is set out in this consolidation as a separate Act after the

Constitution Act, 1867.

Amendment of the Constitution Act, 1867

The law embodied in the Constitution Act, 1867 has been altered many times oth-

erwise than by textual amendment, not only by the Parliament of the United King-

dom but also by the Parliament of Canada and the legislatures of the provinces in

those cases where provisions of that Act are expressed to be subject to alteration by

Parliament or the legislatures. A consolidation of the Constitution Acts including

only those subsequent enactments that alter the text of the Act would therefore not

produce a true statement of the law. In preparing this consolidation, an attempt has

been made to reflect accurately the substance of the law contained in enactments

modifying the provisions of the Constitution Act, 1867, whether by textual amend-

ment or otherwise.

The various classes of enactments modifying the Constitution Act, 1867 have

been dealt with as follows:

I. Textual Amendments

1. Repeals

Repealed provisions (e.g. section 2) have been deleted from the text and quoted

in a footnote.

2. Amendments

Amended provisions (e.g. section 4) are reproduced in the text in their amended

form and the original provisions are quoted in a footnote.

3. Additions

Added provisions (e.g. section 51A) are included in the text.

4. Substitutions

Substituted provisions (e.g. section 18) are included in the text and the former

provision is quoted in a footnote.

II. Non-textual Amendments

1. Alterations by United Kingdom Parliament

Provisions altered by the United Kingdom Parliament otherwise than by textual

amendment (e.g. section 21) are included in the text in their altered form and the

original provision is quoted in a footnote.

2. Additions by United Kingdom Parliament

Constitutional provisions added otherwise than by the insertion of additional pro-

visions in the Constitution Act, 1867 (e.g. provisions of the Constitution Act, 1871

authorizing Parliament to legislate for any territory not included in a province) are

not incorporated in the text but the additional provisions are quoted in an appropri-

ate footnote.

3. Alterations by Parliament of Canada

Provisions subject to alteration by the Parliament of Canada (e.g. section 37)

have been included in the text in their altered form, wherever possible, but where

this was not feasible (e.g. section 40) the original section has been retained in the

text and a footnote reference made to the Act of the Parliament of Canada effecting

the alteration.

4. Alterations by the Legislatures

Provisions subject to alteration by the legislatures of the provinces, either by

virtue of specific authority (e.g. sections 83 and 84) or by virtue of head 1 of section

92 (e.g. sections 70 and 72), have been included in the text in their original form but

the footnotes refer to the provincial enactments effecting the alteration. Amend-

ments to the provincial enactments are not noted; these may be found by consulting

the provincial statutes. In addition, only the enactments of the original provinces are

referred to; corresponding enactments by the provinces that were created at a later

date are not noted.

Spent Provisions

Footnote references are made to those sections that are spent or probably spent.

For example, section 119 became spent by lapse of time and the footnote reference

indicates this. In turn, section 140 is probably spent, but short of examining all

statutes passed before Confederation there would be no way of ascertaining defi-

nitely whether or not the section is spent; the footnote reference therefore indicates

that the section is probably spent.

General

The enactments of the United Kingdom Parliament and the Parliament of Canada,

and Orders in Council admitting territories, that are referred to in the footnotes may

be found in Appendix II of the Appendices to the Revised Statutes of Canada, 1985

and in the annual volumes of the Statutes of Canada.

There are some inconsistencies in the capitalization of nouns. It was originally

the practice to capitalize the first letter of all nouns in British statutes and the Con-

stitution Act, 1867 was so written, but this practice was discontinued and was never

followed in Canadian statutes. In the original provisions included in this consolida-

tion, nouns are written as they were enacted.

French Version

The French version of the Constitution Act, 1867 is the conventional translation.

It does not have the force of law since this Act was enacted by the Parliament of the

United Kingdom in English only.

Section 55 of the Constitution Act, 1982 provides that a “French version of the

portions of the Constitution of Canada referred to in the schedule [to that Act] shall

be prepared by the Minister of Justice of Canada as expeditiously as possible”. The

French Constitutional Drafting Committee was established in 1984 with a mandate

to assist the Minister of Justice in that task. The Committee’s Final Report, which

contains forty-two constitutional enactments, was tabled in Parliament in December

1990. The French version of the Final Report is available on the Justice Canada

Website at the following URL: http://canada.justice.gc.ca/fra/pi/const/index.html.

Acknowledgement

This consolidation of the Constitution Acts, 1867 to 1982 contains material pre-

pared by the late Dr. E. A. Driedger, Q.C. The material has been updated where

necessary. The Department of Justice gratefully acknowledges Dr. Driedger’s earli-

er work.

vii

TABLE OF PROVISIONS

Section Page

CONSTITUTION ACT, 1867

Preamble 1

I. PRELIMINARY 1

1 Short title 1

II. UNION 2

3 Declaration of Union 2

4 Construction of subsequent Provisions of Act 2

5 Four Provinces 2

6 Provinces of Ontario and Quebec 2

7 Provinces of Nova Scotia and New Brunswick 2

8 Decennial Census 3

III. EXECUTIVE POWER 3

9 Declaration of Executive Power in the Queen 3

10 Application of Provisions referring to Governor

General 3

11 Constitution of Privy Council for Canada 3

12 All Powers under Acts to be exercised by Governor

General with Advice of Privy Council, or alone 3

13 Application of Provisions referring to Governor

General in Council 4

14 Power to Her Majesty to authorize Governor General

to appoint Deputies 4

15 Command of Armed Forces to continue to be vested

in the Queen 4

16 Seat of Government of Canada 4

IV. LEGISLATIVE POWER 4

17 Constitution of Parliament of Canada 4

18 Privileges, etc., of Houses 4

19 First Session of the Parliament of Canada 5

THE SENATE 5

21 Number of Senators 5

22 Representation of Provinces in Senate 6

23 Qualifications of Senator 7

24 Summons of Senator 8

26 Addition of Senators in certain cases 8

27 Reduction of Senate to normal Number 8

Table of Provisions

viii

Section Page

28 Maximum Number of Senators 9

29 Tenure of Place in Senate 9

30 Resignation of Place in Senate 9

31 Disqualification of Senators 9

32 Summons on Vacancy in Senate 10

33 Questions as to Qualifications and Vacancies in

Senate 10

34 Appointment of Speaker of Senate 10

35 Quorum of Senate 10

36 Voting in Senate 10

THE HOUSE OF COMMONS 10

37 Constitution of House of Commons in Canada 10

38 Summoning of House of Commons 11

39 Senators not to sit in House of Commons 11

40 Electoral districts of the four Provinces 11

41 Continuance of existing Election Laws until

Parliament of Canada otherwise provides 12

44 As to Election of Speaker of House of Commons 13

45 As to filling up Vacancy in Office of Speaker 13

46 Speaker to preside 13

47 Provision in case of Absence of Speaker 13

48 Quorum of House of Commons 14

49 Voting in House of Commons 14

50 Duration of House of Commons 14

51 Readjustment of representation in Commons 14

51A Constitution of House of Commons 17

52 Increase of Number of House of Commons 17

MONEY VOTES; ROYAL ASSENT 17

53 Appropriation and Tax Bills 17

54 Recommendation of Money Votes 17

55 Royal Assent to Bills, etc. 18

56 Disallowance by Order in Council of Act assented to

by Governor General 18

57 Signification of Queen’s Pleasure on Bill reserved 18

V. PROVINCIAL CONSTITUTIONS 18

EXECUTIVE POWER 18

58 Appointment of Lieutenant Governors of Provinces 18

59 Tenure of Office of Lieutenant Governor 18

60 Salaries of Lieutenant Governors 19

Table of Provisions

Section Page

61 Oaths, etc., of Lieutenant Governor 19

62 Application of Provisions referring to Lieutenant

Governor 19

63 Appointment of Executive Officers for Ontario and

Quebec 19

64 Executive Government of Nova Scotia and

New Brunswick 19

65 Powers to be exercised by Lieutenant Governor of

Ontario or Quebec with Advice, or alone 19

66 Application of Provisions referring to Lieutenant

Governor in Council 20

67 Administration in Absence, etc., of Lieutenant

Governor 20

68 Seats of Provincial Governments 20

LEGISLATIVE POWER 20

1. Ontario 20

69 Legislature for Ontario 20

70 Electoral districts 21

2. Quebec 21

71 Legislature for Quebec 21

72 Constitution of Legislative Council 21

73 Qualification of Legislative Councillors 21

74 Resignation, Disqualification, etc. 21

75 Vacancies 21

76 Questions as to Vacancies, etc. 22

77 Speaker of Legislative Council 22

78 Quorum of Legislative Council 22

79 Voting in Legislative Council 22

80 Constitution of Legislative Assembly of Quebec 22

3. Ontario and Quebec 22

82 Summoning of Legislative Assemblies 23

83 Restriction on election of Holders of offices 23

84 Continuance of existing Election Laws 23

85 Duration of Legislative Assemblies 24

86 Yearly Session of Legislature 24

87 Speaker, Quorum, etc. 24

Table of Provisions

Section Page

4. Nova Scotia and New Brunswick 25

88 Constitutions of Legislatures of Nova Scotia and

New Brunswick 25

5. Ontario, Quebec, and Nova Scotia 25

6. The Four Provinces 25

90 Application to Legislatures of Provisions respecting

Money Votes, etc. 25

VI. DISTRIBUTION OF LEGISLATIVE POWERS 26

POWERS OF THE PARLIAMENT 26

91 Legislative Authority of Parliament of Canada 26

EXCLUSIVE POWERS OF PROVINCIAL LEGISLATURES 28

92 Subjects of exclusive Provincial Legislation 28

NON-RENEWABLE NATURAL RESOURCES, FORESTRY

RESOURCES AND ELECTRICAL ENERGY 29

92A Laws respecting non-renewable natural resources,

forestry resources and electrical energy 29

EDUCATION 31

93 Legislation respecting Education 31

93A Quebec 32

UNIFORMITY OF LAWS IN ONTARIO, NOVA SCOTIA, AND

NEW BRUNSWICK 32

94 Legislation for Uniformity of Laws in Three

Provinces 32

OLD AGE PENSIONS 32

94A Legislation respecting old age pensions and

supplementary benefits 32

AGRICULTURE AND IMMIGRATION 32

95 Concurrent Powers of Legislation respecting

Agriculture, etc. 32

VII. JUDICATURE 33

96 Appointment of Judges 33

97 Selection of Judges in Ontario, etc. 33

98 Selection of Judges in Quebec 33

Table of Provisions

Section Page

99 Tenure of office of Judges 33

100 Salaries, etc., of Judges 33

101 General Court of Appeal, etc. 34

VIII. REVENUES; DEBTS; ASSETS; TAXATION 34

102 Creation of Consolidated Revenue Fund 34

103 Expenses of Collection, etc. 34

104 Interest of Provincial Public Debts 34

105 Salary of Governor General 34

106 Appropriation from Time to Time 35

107 Transfer of Stocks, etc. 35

108 Transfer of Property in Schedule 35

109 Property in Lands, Mines, etc. 35

110 Assets connected with Provincial Debts 35

111 Canada to be liable for Provincial Debts 35

112 Debts of Ontario and Quebec 36

113 Assets of Ontario and Quebec 36

114 Debt of Nova Scotia 36

115 Debt of New Brunswick 36

116 Payment of interest to Nova Scotia and

New Brunswick 36

117 Provincial Public Property 36

119 Further Grant to New Brunswick 37

120 Form of Payments 37

121 Canadian Manufactures, etc. 37

122 Continuance of Customs and Excise Laws 37

123 Exportation and Importation as between Two

Provinces 37

124 Lumber Dues in New Brunswick 37

125 Exemption of Public Lands, etc. 38

126 Provincial Consolidated Revenue Fund 38

IX. MISCELLANEOUS PROVISIONS 38

GENERAL 38

128 Oath of Allegiance, etc. 38

129 Continuance of existing Laws, Courts, Officers, etc. 39

130 Transfer of Officers to Canada 39

131 Appointment of new Officers 39

132 Treaty Obligations 39

133 Use of English and French Languages 40

Table of Provisions

xii

Section Page

ONTARIO AND QUEBEC 41

134 Appointment of Executive Officers for Ontario and

Quebec 41

135 Powers, Duties, etc. of Executive Officers 41

136 Great Seals 41

137 Construction of temporary Acts 42

138 As to Errors in Names 42

139 As to issue of Proclamations before Union, to

commence after Union 42

140 As to issue of Proclamations after Union 42

141 Penitentiary 42

142 Arbitration respecting Debts, etc. 43

143 Division of Records 43

144 Constitution of Townships in Quebec 43

X. INTERCOLONIAL RAILWAY 43

XI. ADMISSION OF OTHER COLONIES 44

146 Power to admit Newfoundland, etc., into the Union 44

147 As to Representation of Newfoundland and Prince

Edward Island in Senate 44

THE FIRST SCHEDULE 45

THE SECOND SCHEDULE 50

THE THIRD SCHEDULE 50

THE FOURTH SCHEDULE 51

THE FIFTH SCHEDULE 51

THE SIXTH SCHEDULE 52

Table of Provisions

xiii

Section Page

CONSTITUTION ACT, 1982

PART I

CANADIAN CHARTER OF RIGHTS AND

FREEDOMS 53

GUARANTEE OF RIGHTS AND FREEDOMS 53

1 Rights and freedoms in Canada 53

FUNDAMENTAL FREEDOMS 53

2 Fundamental freedoms 53

DEMOCRATIC RIGHTS 54

3 Democratic rights of citizens 54

4 Maximum duration of legislative bodies 54

5 Annual sitting of legislative bodies 54

MOBILITY RIGHTS 54

6 Mobility of citizens 54

LEGAL RIGHTS 55

7 Life, liberty and security of person 55

8 Search or seizure 55

9 Detention or imprisonment 55

10 Arrest or detention 55

11 Proceedings in criminal and penal matters 55

12 Treatment or punishment 56

13 Self-crimination 56

14 Interpreter 56

EQUALITY RIGHTS 56

15 Equality before and under law and equal protection

and benefit of law 56

OFFICIAL LANGUAGES OF CANADA 57

16 Official languages of Canada 57

16.1 English and French linguistic communities in

New Brunswick 57

17 Proceedings of Parliament 58

18 Parliamentary statutes and records 58

19 Proceedings in courts established by Parliament 58

20 Communications by public with federal institutions 58

Table of Provisions

xiv

Section Page

21 Continuation of existing constitutional provisions 59

22 Rights and privileges preserved 59

MINORITY LANGUAGE EDUCATIONAL RIGHTS 59

23 Language of instruction 59

ENFORCEMENT 60

24 Enforcement of guaranteed rights and freedoms 60

GENERAL 61

25 Aboriginal rights and freedoms not affected by

Charter 61

26 Other rights and freedoms not affected by Charter 61

27 Multicultural heritage 61

28 Rights guaranteed equally to both sexes 61

29 Rights respecting certain schools preserved 61

30 Application to territories and territorial authorities 61

31 Legislative powers not extended 62

APPLICATION OF CHARTER 62

32 Application of Charter 62

33 Exception where express declaration 62

CITATION 63

34 Citation 63

PART II

RIGHTS OF THE ABORIGINAL PEOPLES OF

CANADA 63

35 Recognition of existing aboriginal and treaty rights 63

35.1 Commitment to participation in constitutional

conference 63

PART III

EQUALIZATION AND REGIONAL DISPARITIES 64

36 Commitment to promote equal opportunities 64

PART IV

CONSTITUTIONAL CONFERENCE 64

PART IV.I

CONSTITUTIONAL CONFERENCES 65

Table of Provisions

Section Page

PART V

PROCEDURE FOR AMENDING CONSTITUTION

OF CANADA 65

38 General procedure for amending Constitution of

Canada 65

39 Restriction on proclamation 66

40 Compensation 66

41 Amendment by unanimous consent 66

42 Amendment by general procedure 67

43 Amendment of provisions relating to some but not all

provinces 67

44 Amendments by Parliament 67

45 Amendments by provincial legislatures 68

46 Initiation of amendment procedures 68

47 Amendments without Senate resolution 68

48 Advice to issue proclamation 68

49 Constitutional conference 68

PART VI

AMENDMENT TO THE CONSTITUTION ACT,

1867 69

PART VII

GENERAL 69

52 Primacy of Constitution of Canada 69

53 Repeals and new names 69

54 Repeal and consequential amendments 70

55 French version of Constitution of Canada 70

56 English and French versions of certain constitutional

texts 70

57 English and French versions of this Act 70

58 Commencement 70

59 Commencement of paragraph 23(1)(a) in respect of

Quebec 71

60 Short title and citations 71

61 References 71

SCHEDULE TO THE CONSTITUTION ACT, 1982

ENDNOTES 76

CONSTITUTION ACT, 1867

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

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

Government thereof; and for Purposes connected therewith

(29th March 1867)

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

pressed 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 that of 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 Domin-

ion 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:

(1)

I. PRELIMINARY

Short title

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

(2)

2. Repealed.

(3)

(1)

The enacting clause was repealed by the Statute Law Revision Act, 1893, 56-57 Vict.,

c. 14 (U.K.). It read as follows:

Be it therefore enacted and declared by the Queen’s most Excellent Majesty, by and with the Advice and Con-

sent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Au-

thority of the same, as follows:

(2)

As amended by the Constitution Act, 1982, which came into force on April 17, 1982.

The section originally read as follows:

1. This Act may be cited as The British North America Act, 1867.

(3)

Section 2, repealed by the Statute Law Revision Act, 1893, 56-57 Vict., c. 14 (U.K.),

read as follows:

2. The Provisions of this Act referring to Her Majesty the Queen extend also to the Heirs and Successors of

Her Majesty, Kings and Queens of the United Kingdom of Great Britain and Ireland.

Constitution Act, 1867

II. UNION

Declaration of Union

3. It shall be lawful for the Queen, by and with the Advice of Her Majesty’s

Most Honourable Privy Council, to declare by Proclamation that, on and after a Day

therein appointed, not being more than Six Months after the passing of this Act, the

Provinces of Canada, Nova Scotia, and New Brunswick shall form and be One Do-

minion under the Name of Canada; and on and after that Day those Three Provinces

shall form and be One Dominion under that Name accordingly.

(4)

Construction of subsequent Provisions of Act

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

mean Canada as constituted under this Act.

(5)

Four Provinces

5. Canada shall be divided into Four Provinces, named Ontario, Quebec, Nova

Scotia, and New Brunswick.

(6)

Provinces of Ontario and Quebec

6. The Parts of the Province of Canada (as it exists at the passing of this Act)

which formerly constituted respectively the Provinces of Upper Canada and Lower

Canada shall be deemed to be severed, and shall form Two separate Provinces. The

Part which formerly constituted the Province of Upper Canada shall constitute the

Province of Ontario; and the Part which formerly constituted the Province of Lower

Canada shall constitute the Province of Quebec.

Provinces of Nova Scotia and New Brunswick

7. The Provinces of Nova Scotia and New Brunswick shall have the same Limits

as at the passing of this Act.

(4)

The first day of July, 1867, was fixed by proclamation dated May 22, 1867.

(5)

Partially repealed by the Statute Law Revision Act, 1893, 56-57 Vict., c. 14 (U.K.).

The section originally read as follows:

4. The subsequent Provisions of this Act shall, unless it is otherwise expressed or implied, commence and

have effect on and after the Union, that is to say, on and after the Day appointed for the Union taking effect in

the Queen’s Proclamation; and in the same Provisions, unless it is otherwise expressed or implied, the Name

Canada shall be taken to mean Canada as constituted under this Act.

(6)

Canada now consists of ten provinces (Ontario, Quebec, Nova Scotia, New

Brunswick, Manitoba, British Columbia, Prince Edward Island, Alberta,

Saskatchewan and Newfoundland and Labrador) and three territories (Yukon, the

Northwest Territories and Nunavut).

For further details, see endnote 1.

Constitution Act, 1867

Decennial Census

8. In the general Census of the Population of Canada which is hereby required to

be taken in the Year One thousand eight hundred and seventy-one, and in every

Tenth Year thereafter, the respective Populations of the Four Provinces shall be dis-

tinguished.

III. EXECUTIVE POWER

Declaration of Executive Power in the Queen

9. The Executive Government and Authority of and over Canada is hereby de-

clared to continue and be vested in the Queen.

Application of Provisions referring to Governor General

10. The Provisions of this Act referring to the Governor General extend and ap-

ply to the Governor General for the Time being of Canada, or other the Chief Exec-

utive 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.

Constitution of Privy Council for Canada

11. There shall be a Council to aid and advise in the Government of Canada, to

be styled the Queen’s Privy Council for Canada; and the Persons who are to be

Members of that Council shall be from Time to Time chosen and summoned by the

Governor General and sworn in as Privy Councillors, and Members thereof may be

from Time to Time removed by the Governor General.

All Powers under Acts to be exercised by Governor General with Advice of Privy Council, or alone

12. All Powers, Authorities, and Functions which under any Act of the Parlia-

ment of Great Britain, or of the Parliament of the United Kingdom of Great Britain

and Ireland, or of the Legislature of Upper Canada, Lower Canada, Canada, Nova

Scotia, or New Brunswick, are at the Union vested in or exerciseable by the respec-

tive Governors or Lieutenant Governors of those Provinces, with the Advice, or

with the Advice and Consent, of the respective Executive Councils thereof, or in

conjunction with those Councils, or with any Number of Members thereof, or by

those Governors or Lieutenant Governors individually, shall, as far as the same con-

tinue in existence and capable of being exercised after the Union in relation to the

Government of Canada, be vested in and exerciseable by the Governor General,

with the Advice or with the Advice and Consent of or in conjunction with the

Queen’s Privy Council for Canada, or any Members thereof, or by the Governor

General individually, as the Case requires, subject nevertheless (except with respect

to such as exist under Acts of the Parliament of Great Britain or of the Parliament of

Constitution Act, 1867

the United Kingdom of Great Britain and Ireland) to be abolished or altered by the

Parliament of Canada.

(7)

Application of Provisions referring to Governor General in Council

13. The Provisions of this Act referring to the Governor General in Council shall

be construed as referring to the Governor General acting by and with the Advice of

the Queen’s Privy Council for Canada.

Power to Her Majesty to authorize Governor General to appoint Deputies

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

Governor General from Time to Time to appoint any Person or any Persons jointly

or severally to be his Deputy or Deputies within any Part or Parts of Canada, and in

that Capacity to exercise during the Pleasure of the Governor General such of the

Powers, Authorities, and Functions of the Governor General as the Governor Gener-

al deems it necessary or expedient to assign to him or them, subject to any Limita-

tions 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.

Command of Armed Forces to continue to be vested in the Queen

15. The Command-in-Chief of the Land and Naval Militia, and of all Naval and

Military Forces, of and in Canada, is hereby declared to continue and be vested in

the Queen.

Seat of Government of Canada

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

be Ottawa.

IV. LEGISLATIVE POWER

Constitution of Parliament of Canada

17. There shall be One Parliament for Canada, consisting of the Queen, an Upper

House styled the Senate, and the House of Commons.

Privileges, etc., of Houses

18. The privileges, immunities, and powers to be held, enjoyed, and exercised by

the Senate and by the House of Commons, and by the members thereof respectively,

shall be such as are from time to time defined by Act of the Parliament of Canada,

but so that any Act of the Parliament of Canada defining such privileges, immuni-

ties, and powers shall not confer any privileges, immunities, or powers exceeding

those at the passing of such Act held, enjoyed, and exercised by the Commons

(7)

See footnote (65) to section 129, below.

Constitution Act, 1867

House of Parliament of the United Kingdom of Great Britain and Ireland, and by the

members thereof.

(8)

First Session of the Parliament of Canada

19. The Parliament of Canada shall be called together not later than Six Months

after the Union.

(9)

20. Repealed.

(10)

THE SENATE

Number of Senators

21. The Senate shall, subject to the Provisions of this Act, consist of One Hun-

dred and five Members, who shall be styled Senators.

(11)

(8)

Repealed and re-enacted by the Parliament of Canada Act, 1875, 38-39 Vict., c. 38

(U.K.). The original section read as follows:

18. The Privileges, Immunities, and Powers to be held, enjoyed, and exercised by the Senate and by the

House of Commons and by the Members thereof respectively shall be such as are from Time to Time defined by

Act of the Parliament of Canada, but so that the same shall never exceed those at the passing of this Act held,

enjoyed, and exercised by the Commons House of Parliament of the United Kingdom of Great Britain and Ire-

land and by the Members thereof.

(9)

Spent. The first session of the first Parliament began on November 6, 1867.

(10)

Section 20, repealed by the Constitution Act, 1982, read as follows:

20. There shall be a Session of the Parliament of Canada once at least in every Year, so that Twelve Months

shall not intervene between the last Sitting of the Parliament in one Session and its first sitting in the next Ses-

sion.

Section 20 has been replaced by section 5 of the Constitution Act, 1982, which pro-

vides that there shall be a sitting of Parliament at least once every twelve months.

(11)

As amended by the Constitution Act, 1915, 5-6 Geo. V, c. 45 (U.K.) and modified by

the Newfoundland Act, 12-13 Geo. VI, c. 22 (U.K.), the Constitution Act (No. 2), 1975,

S.C. 1974-75-76, c. 53, and the Constitution Act, 1999 (Nunavut), S.C. 1998, c. 15,

Part 2. The original section read as follows:

21. The Senate shall, subject to the Provisions of this Act, consist of Seventy-two Members, who shall be

styled Senators.

The Manitoba Act, 1870, added two senators for Manitoba; the British Columbia

Terms of Union added three; upon admission of Prince Edward Island four more were

provided by section 147 of the Constitution Act, 1867; the Alberta Act and the

Saskatchewan Act each added four. The Senate was reconstituted at 96 by the Constitu-

tion Act, 1915. Six more senators were added upon union with Newfoundland, and one

senator each was added for Yukon and the Northwest Territories by the Constitution

Act (No. 2), 1975. One senator was added for Nunavut by the Constitution Act, 1999

(Nunavut).

Constitution Act, 1867

Representation of Provinces in Senate

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

sist of Four Divisions:

1. Ontario;

2. Quebec;

3. The Maritime Provinces, Nova Scotia and New Brunswick, and Prince Ed-

ward 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 repre-

sented in the Senate as follows: Ontario by twenty-four senators; Quebec by twenty-

four senators; the Maritime Provinces and Prince Edward Island by twenty-four sen-

ators, 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, the Northwest Territories and

Nunavut 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 Low-

er Canada specified in Schedule A. to Chapter One of the Consolidated Statutes of

Canada.

(12)

As amended by the Constitution Act, 1915, 5-6 Geo. V, c. 45 (U.K.), the Newfound-

land Act, 12-13 Geo. VI, c. 22 (U.K.), the Constitution Act (No. 2), 1975,

S.C. 1974-75-76, c. 53 and the Constitution Act, 1999 (Nunavut), S.C. 1998, c. 15, Part 2.

The original section read as follows:

22. In relation to the Constitution of the Senate, Canada shall be deemed to consist of Three Divisions:

1. Ontario;

2. Quebec;

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

which Three Divisions shall (subject to the Provisions of this Act) be equally represented in the Senate as fol-

lows: Ontario by Twenty-four Senators; Quebec by Twenty-four Senators; and the Maritime Provinces by Twen-

ty-four Senators, Twelve thereof representing Nova Scotia, and Twelve thereof representing New Brunswick.

In the case of Quebec each of the Twenty-four Senators representing that Province shall be appointed for One

of the Twenty-four Electoral Divisions of Lower Canada specified in Schedule A. to Chapter One of the Consoli-

dated Statutes of Canada.

The reference in section 22 to the Consolidated Statutes of Canada is a reference to

the Consolidated Statutes of 1859.

Constitution Act, 1867

Qualifications of Senator

23. The Qualifications of a Senator shall be as follows:

(1) He shall be of the full age of Thirty Years;

(2) He shall be either a natural-born Subject of the Queen, or a Subject of the

Queen naturalized by an Act of the Parliament of Great Britain, or of the

Parliament of the United Kingdom of Great Britain and Ireland, or of the

Legislature of One of the Provinces of Upper Canada, Lower Canada,

Canada, Nova Scotia, or New Brunswick, before the Union, or of the Parlia-

ment of Canada after the Union;

(3) He shall be legally or equitably seised as of Freehold for his own Use and

Benefit of Lands or Tenements held in Free and Common Socage, or seised

or possessed for his own Use and Benefit of Lands or Tenements held in

Franc-alleu or in Roture, within the Province for which he is appointed, of

the Value of Four thousand Dollars, over and above all Rents, Dues, Debts,

Charges, Mortgages, and Incumbrances due or payable out of or charged on

or affecting the same;

(4) His Real and Personal Property shall be together worth Four thousand Dol-

lars 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 Di-

vision.

(13)

Section 44 of the Constitution Act, 1999 (Nunavut), S.C. 1998, c. 15, Part 2, provid-

ed that, for the purposes of that Part (which added one senator for Nunavut), the word

“Province” in section 23 of the Constitution Act, 1867 has the same meaning as is as-

signed to the word “province” by section 35 of the Interpretation Act, R.S.C. 1985,

c. I-21, as amended, which provides that the term “province” means “a province of

Canada, and includes Yukon, the Northwest Territories and Nunavut”.

Section 2 of the Constitution Act (No. 2), 1975, S.C. 1974-75-76, c. 53, provided that

for the purposes of that Act (which added one senator each for the Yukon Territory

and the Northwest Territories) the term “Province” in section 23 of the Constitution

Act, 1867 has the same meaning as is assigned to the term “province” by section 28 of

the Interpretation Act, R.S.C. 1970, c. I-23, which provides that the term “province”

means “a province of Canada, and includes the Yukon Territory and the Northwest

Territories”.

Constitution Act, 1867

Summons of Senator

24. The Governor General shall from Time to Time, in the Queen’s Name, by

Instrument under the Great Seal of Canada, summon qualified Persons to the Sen-

ate; and, subject to the Provisions of this Act, every Person so summoned shall be-

come and be a Member of the Senate and a Senator.

25. Repealed.

(14)

Addition of Senators in certain cases

26. If at any Time on the Recommendation of the Governor General the Queen

thinks fit to direct that Four or Eight Members be added to the Senate, the Governor

General may by Summons to Four or Eight qualified Persons (as the Case may be),

representing equally the Four Divisions of Canada, add to the Senate according-

ly.

(15)

Reduction of Senate to normal Number

27. In case of such Addition being at any Time made, the Governor General shall

not summon any Person to the Senate, except on a further like Direction by the

Queen on the like Recommendation, to represent one of the Four Divisions until

such Division is represented by Twenty-four Senators and no more.

(16)

(14)

Repealed by the Statute Law Revision Act, 1893, 56-57 Vict., c. 14 (U.K.). The sec-

tion read as follows:

25. Such Persons shall be first summoned to the Senate as the Queen by Warrant under Her Majesty’s Royal

Sign Manual thinks fit to approve, and their Names shall be inserted in the Queen’s Proclamation of Union.

(15)

As amended by the Constitution Act, 1915, 5-6 Geo. V, c. 45 (U.K.). The original

section read as follows:

26. If at any Time on the Recommendation of the Governor General the Queen thinks fit to direct that Three

or Six Members be added to the Senate, the Governor General may by Summons to Three or Six qualified Per-

sons (as the Case may be), representing equally the Three Divisions of Canada, add to the Senate accordingly.

(16)

As amended by the Constitution Act, 1915, 5-6 Geo. V, c. 45 (U.K.). The original

section read as follows:

27. In case of such Addition being at any Time made the Governor General shall not summon any Person to

the Senate except on a further like Direction by the Queen on the like Recommendation, until each of the Three

Divisions of Canada is represented by Twenty-four Senators and no more.

Constitution Act, 1867

Maximum Number of Senators

28. The Number of Senators shall not at any Time exceed One Hundred and thir-

teen.

(17)

Tenure of Place in Senate

29. (1) Subject to subsection (2), a Senator shall, subject to the provisions of this

Act, hold his place in the Senate for life.

Retirement upon attaining age of seventy-five years

(2) A Senator who is summoned to the Senate after the coming into force of this

subsection shall, subject to this Act, hold his place in the Senate until he attains the

age of seventy-five years.

(18)

Resignation of Place in Senate

30. A Senator may by Writing under his Hand addressed to the Governor Gener-

al resign his Place in the Senate, and thereupon the same shall be vacant.

Disqualification of Senators

31. The Place of a Senator shall become vacant in any of the following Cases:

(1) If for Two consecutive Sessions of the Parliament he fails to give his Atten-

dance in the Senate;

(2) If he takes an Oath or makes a Declaration or Acknowledgment of Alle-

giance, Obedience, or Adherence to a Foreign Power, or does an Act where-

by he becomes a Subject or Citizen, or entitled to the Rights or Privileges of

a Subject or Citizen, of a Foreign Power;

(3) If he is adjudged Bankrupt or Insolvent, or applies for the Benefit of any

Law relating to Insolvent Debtors, or becomes a public Defaulter;

(4) If he is attainted of Treason or convicted of Felony or of any infamous

Crime;

(17)

As amended by the Constitution Act, 1915, 5-6 Geo. V, c. 45 (U.K.), the Constitution

Act (No. 2), 1975, S.C. 1974-75-76, c. 53, and the Constitution Act, 1999 (Nunavut),

S.C. 1998, c. 15, Part 2. The original section read as follows:

28. The Number of Senators shall not at any Time exceed Seventy-eight.

(18)

As enacted by the Constitution Act, 1965, S.C. 1965, c. 4, which came into force on

June 2, 1965. The original section read as follows:

29. A Senator shall, subject to the Provisions of this Act, hold his Place in the Senate for Life.

Constitution Act, 1867

(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 Pres-

ence there.

Summons on Vacancy in Senate

32. When a Vacancy happens in the Senate by Resignation, Death, or otherwise,

the Governor General shall by Summons to a fit and qualified Person fill the Vacan-

cy.

Questions as to Qualifications and Vacancies in Senate

33. If any Question arises respecting the Qualification of a Senator or a Vacancy

in the Senate the same shall be heard and determined by the Senate.

Appointment of Speaker of Senate

34. The Governor General may from Time to Time, by Instrument under the

Great Seal of Canada, appoint a Senator to be Speaker of the Senate, and may re-

move him and appoint another in his Stead.

(19)

Quorum of Senate

35. Until the Parliament of Canada otherwise provides, the Presence of at least

Fifteen Senators, including the Speaker, shall be necessary to constitute a Meeting

of the Senate for the Exercise of its Powers.

Voting in Senate

36. Questions arising in the Senate shall be decided by a Majority of Voices, and

the Speaker shall in all Cases have a Vote, and when the Voices are equal the Deci-

sion shall be deemed to be in the Negative.

THE HOUSE OF COMMONS

Constitution of House of Commons in Canada

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

of three hundred and eight members of whom one hundred and six shall be elected

for Ontario, seventy-five for Quebec, eleven for Nova Scotia, ten for New

(19)

Provision for exercising the functions of Speaker during his or her absence is

made by Part II of the Parliament of Canada Act, R.S.C. 1985, c. P-1 (formerly the

Speaker of the Senate Act, R.S.C. 1970, c. S-14). Doubts as to the power of Parliament

to enact the Speaker of the Senate Act were removed by the Canadian Speaker (Appoint-

ment of Deputy) Act, 1895, 2nd Sess., 59 Vict., c. 3 (U.K.), which was repealed by the

Constitution Act, 1982.

Constitution Act, 1867

Brunswick, fourteen for Manitoba, thirty-six for British Columbia, four for Prince

Edward Island, twenty-eight for Alberta, fourteen for Saskatchewan, seven for

Newfoundland, one for the Yukon Territory, one for the Northwest Territories and

one for Nunavut.

(20)

Summoning of House of Commons

38. The Governor General shall from Time to Time, in the Queen’s Name, by

Instrument under the Great Seal of Canada, summon and call together the House of

Commons.

Senators not to sit in House of Commons

39. A Senator shall not be capable of being elected or of sitting or voting as a

Member of the House of Commons.

Electoral districts of the four Provinces

40. Until the Parliament of Canada otherwise provides, Ontario, Quebec, Nova

Scotia, and New Brunswick shall, for the Purposes of the Election of Members to

serve in the House of Commons, be divided into Electoral Districts as follows:

1. ONTARIO

Ontario shall be divided into the Counties, Ridings of Counties, Cities, Parts of

Cities, and Towns enumerated in the First Schedule to this Act, each whereof shall

be an Electoral District, each such District as numbered in that Schedule being enti-

tled to return One Member.

2. QUEBEC

Quebec shall be divided into Sixty-five Electoral Districts, composed of the Six-

ty-five Electoral Divisions into which Lower Canada is at the passing of this Act

divided under Chapter Two of the Consolidated Statutes of Canada, Chapter Seven-

ty-five of the Consolidated Statutes for Lower Canada, and the Act of the Province

of Canada of the Twenty-third Year of the Queen, Chapter One, or any other Act

amending the same in force at the Union, so that each such Electoral Division shall

be for the Purposes of this Act an Electoral District entitled to return One Member.

(20)

The figures given here result from the application of section 51, as enacted by the

Constitution Act, 1985 (Representation), S.C. 1986, c. 8, Part I, and amended by the

Constitution Act, 1999 (Nunavut), S.C. 1998, c. 15, Part 2, and readjustments made pur-

suant to the Electoral Boundaries Readjustment Act, R.S.C. 1985, c. E-3. The original

section (which was altered from time to time as the result of the addition of new

provinces and changes in population) read as follows:

37. The House of Commons shall, subject to the Provisions of this Act, consist of one hundred and eighty-

one members, of whom Eighty-two shall be elected for Ontario, Sixty-five for Quebec, Nineteen for Nova Sco-

tia, and Fifteen for New Brunswick.

Constitution Act, 1867

3. NOVA SCOTIA

Each of the Eighteen Counties of Nova Scotia shall be an Electoral District. The

County of Halifax shall be entitled to return Two Members, and each of the other

Counties One Member.

4. NEW BRUNSWICK

Each of the Fourteen Counties into which New Brunswick is divided, including

the City and County of St. John, shall be an Electoral District. The City of St. John

shall also be a separate Electoral District. Each of those Fifteen Electoral Districts

shall be entitled to return One Member.

(21)

Continuance of existing Election Laws until Parliament of Canada otherwise provides

41. Until the Parliament of Canada otherwise provides, all Laws in force in the

several Provinces at the Union relative to the following Matters or any of them,

namely, — the Qualifications and Disqualifications of Persons to be elected or to sit

or vote as Members of the House of Assembly or Legislative Assembly in the sev-

eral Provinces, the Voters at Elections of such Members, the Oaths to be taken by

Voters, the Returning Officers, their Powers and Duties, the Proceedings at Elec-

tions, the Periods during which Elections may be continued, the Trial of controvert-

ed Elections, and Proceedings incident thereto, the vacating of Seats of Members,

and the Execution of new Writs in case of Seats vacated otherwise than by Dissolu-

tion, — shall respectively apply to Elections of Members to serve in the House of

Commons for the same several Provinces.

Provided that, until the Parliament of Canada otherwise provides, at any Election

for a Member of the House of Commons for the District of Algoma, in addition to

Persons qualified by the Law of the Province of Canada to vote, every Male British

Subject, aged Twenty-one Years or upwards, being a Householder, shall have a

Vote.

(22)

(21)

Spent. The electoral districts are now established by proclamations issued from

time to time under the Electoral Boundaries Readjustment Act, R.S.C. 1985, c. E-3, as

amended for particular districts by Acts of Parliament (see the most recent Table of

Public Statutes and Responsible Ministers).

(22)

Spent. Elections are now provided for by the Canada Elections Act, S.C. 2000, c. 9;

qualifications and disqualifications of members by the Parliament of Canada Act,

R.S.C. 1985, c. P-1. The right of citizens to vote and hold office is provided for in sec-

tion 3 of the Constitution Act, 1982.

Constitution Act, 1867

42. Repealed.

(23)

43. Repealed.

(24)

As to Election of Speaker of House of Commons

44. The House of Commons on its first assembling after a General Election shall

proceed with all practicable Speed to elect One of its Members to be Speaker.

As to filling up Vacancy in Office of Speaker

45. In case of a Vacancy happening in the Office of Speaker by Death, Resigna-

tion, or otherwise, the House of Commons shall with all practicable Speed proceed

to elect another of its Members to be Speaker.

Speaker to preside

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

Provision in case of Absence of Speaker

47. Until the Parliament of Canada otherwise provides, in case of the Absence

for any Reason of the Speaker from the Chair of the House of Commons for a Peri-

od of Forty-eight consecutive Hours, the House may elect another of its Members to

act as Speaker, and the Member so elected shall during the Continuance of such Ab-

sence of the Speaker have and execute all the Powers, Privileges, and Duties of

Speaker.

(25)

(23)

Repealed by the Statute Law Revision Act, 1893, 56-57 Vict., c. 14 (U.K.). The sec-

tion read as follows:

42. For the First Election of Members to serve in the House of Commons the Governor General shall cause

Writs to be issued by such Person, in such Form, and addressed to such Returning Officers as he thinks fit.

The Person issuing Writs under this Section shall have the like Powers as are possessed at the Union by the

Officers charged with the issuing of Writs for the Election of Members to serve in the respective House of As-

sembly or Legislative Assembly of the Province of Canada, Nova Scotia, or New Brunswick; and the Returning

Officers to whom Writs are directed under this Section shall have the like Powers as are possessed at the Union

by the Officers charged with the returning of Writs for the Election of Members to serve in the same respective

House of Assembly or Legislative Assembly.

(24)

Repealed by the Statute Law Revision Act, 1893, 56-57 Vict., c. 14 (U.K.). The sec-

tion read as follows:

43. In case a Vacancy in the Representation in the House of Commons of any Electoral District happens be-

fore the Meeting of the Parliament, or after the Meeting of the Parliament before Provision is made by the Parlia-

ment in this Behalf, the Provisions of the last foregoing Section of this Act shall extend and apply to the issuing

and returning of a Writ in respect of such Vacant District.

(25)

Provision for exercising the functions of Speaker during his or her absence is now

made by Part III of the Parliament of Canada Act, R.S.C. 1985, c. P-1.

Constitution Act, 1867

Quorum of House of Commons

48. The Presence of at least Twenty Members of the House of Commons shall be

necessary to constitute a Meeting of the House for the Exercise of its Powers, and

for that Purpose the Speaker shall be reckoned as a Member.

Voting in House of Commons

49. Questions arising in the House of Commons shall be decided by a Majority

of Voices other than that of the Speaker, and when the Voices are equal, but not

otherwise, the Speaker shall have a Vote.

Duration of House of Commons

50. Every House of Commons shall continue for Five Years from the Day of the

Return of the Writs for choosing the House (subject to be sooner dissolved by the

Governor General), and no longer.

(26)

Readjustment of representation in Commons

51. (1) The number of members of the House of Commons and the representa-

tion of the provinces therein shall, on the completion of each decennial census, be

readjusted by such authority, in such manner, and from such time as the Parliament

of Canada provides from time to time, subject and according to the following rules:

Rules

1. There shall be assigned to each of the provinces a number of members equal

to the number obtained by dividing the population of the province by the

electoral quotient and rounding up any fractional remainder to one.

2. If the number of members assigned to a province by the application of rule 1

and section 51A is less than the total number assigned to that province on

the date of the coming into force of the Constitution Act, 1985 (Representa-

tion), there shall be added to the number of members so assigned such num-

ber of members as will result in the province having the same number of

members as were assigned on that date.

3. After the application of rules 1 and 2 and section 51A, there shall, in respect

of each province that meets the condition set out in rule 4, be added, if nec-

(26)

The term of the 12

Parliament was extended by the British North America Act,

1916, 6-7 Geo. V., c. 19 (U.K.), which Act was repealed by the Statute Law Revision Act,

1927, 17-18 Geo. V, c. 42 (U.K.). See also the Constitution Act, 1982, subsection 4(1),

which provides that no House of Commons shall continue for longer than five years

from the date fixed for the return of the writs at a general election of its members, and

subsection 4(2), which provides for continuation of the House of Commons in special

circumstances.

Constitution Act, 1867

essary, a number of members such that, on the completion of the readjust-

ment, the number obtained by dividing the number of members assigned to

that province by the total number of members assigned to all the provinces is

as close as possible to, without being below, the number obtained by divid-

ing the population of that province by the total population of all the

provinces.

4. Rule 3 applies to a province if, on the completion of the preceding readjust-

ment, the number obtained by dividing the number of members assigned to

that province by the total number of members assigned to all the provinces

was equal to or greater than the number obtained by dividing the population

of that province by the total population of all the provinces, the population

of each province being its population as at July 1 of the year of the decennial

census that preceded that readjustment according to the estimates prepared

for the purpose of that readjustment.

5. Unless the context indicates otherwise, in these rules, the population of a

province is the estimate of its population as at July 1 of the year of the most

recent decennial census.

6. In these rules, “electoral quotient” means

(a) 111,166, in relation to the readjustment following the completion of the

2011 decennial census, and

(b) in relation to the readjustment following the completion of any subse-

quent decennial census, the number obtained by multiplying the elec-

toral quotient that was applied in the preceding readjustment by the

number that is the average of the numbers obtained by dividing the

population of each province by the population of the province as at Ju-

ly 1 of the year of the preceding decennial census according to the esti-

mates prepared for the purpose of the preceding readjustment, and

rounding up any fractional remainder of that multiplication to one.

Constitution Act, 1867

Population estimates

(1.1) For the purpose of the rules in subsection (1), there is required to be pre-

pared an estimate of the population of Canada and of each province as at July 1,

2001 and July 1, 2011 — and, in each year following the 2011 decennial census in

which a decennial census is taken, as at July 1 of that year — by such authority, in

such manner, and from such time as the Parliament of Canada provides from time to

time.

(27)

As enacted by the Fair Representation Act, S.C. 2011, c. 26, s. 2, which came into

force on royal assent on December 16, 2011.

The section, as originally enacted, read as follows:

51. On the Completion of the Census in the Year One Thousand eight hundred and seventy-one, and of each

subsequent decennial Census, the Representation of the Four Provinces shall be readjusted by such Authority, in

such Manner, and from such Time, as the Parliament of Canada from Time to Time provides, subject and accord-

ing to the following Rules:

(1) Quebec shall have the fixed Number of Sixty-five Members:

(2) There shall be assigned to each of the other Provinces such a Number of Members as will bear the same

Proportion to the Number of its Population (ascertained at such Census) as the Number Sixty-five bears to the

Number of the Population of Quebec (so ascertained):

(3) In the Computation of the Number of Members for a Province a fractional Part not exceeding One Half of

the whole Number requisite for entitling the Province to a Member shall be disregarded; but a fractional Part

exceeding One Half of that Number shall be equivalent to the whole Number:

(4) On any such Re-adjustment the Number of Members for a Province shall not be reduced unless the Pro-

portion which the Number of the Population of the Province bore to the Number of the aggregate Population of

Canada at the then last preceding Re-adjustment of the Number of Members for the Province is ascertained at the

then latest Census to be diminished by One Twentieth Part or upwards:

(5) Such Re-adjustment shall not take effect until the Termination of the then existing Parliament.

For further details, see endnote 2.

Constitution Act, 1867

Yukon Territory, Northwest Territories and Nunavut

(2) The Yukon Territory as bounded and described in the schedule to chap-

ter Y-2 of the Revised Statutes of Canada, 1985, shall be entitled to one member,

the Northwest Territories as bounded and described in section 2 of chapter N-27 of

the Revised Statutes of Canada, 1985, as amended by section 77 of chapter 28 of the

Statutes of Canada, 1993, shall be entitled to one member, and Nunavut as bounded

and described in section 3 of chapter 28 of the Statutes of Canada, 1993, shall be

entitled to one member.

(28)

Constitution of House of Commons

51A. Notwithstanding anything in this Act a province shall always be entitled to

a number of members in the House of Commons not less than the number of sena-

tors representing such province.

(29)

Increase of Number of House of Commons

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

Time increased by the Parliament of Canada, provided the proportionate Represen-

tation of the Provinces prescribed by this Act is not thereby disturbed.

MONEY VOTES; ROYAL ASSENT

Appropriation and Tax Bills

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

Tax or Impost, shall originate in the House of Commons.

Recommendation of Money Votes

54. It shall not be lawful for the House of Commons to adopt or pass any Vote,

Resolution, Address, or Bill for the Appropriation of any Part of the Public Rev-

enue, 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.

(28)

As enacted by the Constitution Act, 1999 (Nunavut), S.C. 1998, c. 15, Part 2. Note

that the description of the territory of Yukon is now set out in Schedule 1 to the Yukon

Act, S.C. 2002, c. 7, which replaced R.S.C. 1985, c. Y-2. Subsection 51(2) was previous-

ly amended by the Constitution Act (No. 1), 1975, S.C. 1974-75-76, c. 28, and read as

follows:

(2) The Yukon Territory as bounded and described in the schedule to chapter Y-2 of the Revised Statutes of

Canada, 1970, shall be entitled to one member, and the Northwest Territories as bounded and described in sec-

tion 2 of chapter N-22 of the Revised Statutes of Canada, 1970, shall be entitled to two members.

(29)

As enacted by the Constitution Act, 1915, 5-6 Geo. V, c. 45 (U.K.).

Constitution Act, 1867

Royal Assent to Bills, etc.

55. Where a Bill passed by the Houses of the Parliament is presented to the Gov-

ernor 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 As-

sent, or that he reserves the Bill for the Signification of the Queen’s Pleasure.

Disallowance by Order in Council of Act assented to by Governor General

56. Where the Governor General assents to a Bill in the Queen’s Name, he shall

by the first convenient Opportunity send an authentic Copy of the Act to One of Her

Majesty’s Principal Secretaries of State, and if the Queen in Council within Two

Years after Receipt thereof by the Secretary of State thinks fit to disallow the Act,

such Disallowance (with a Certificate of the Secretary of State of the Day on which

the Act was received by him) being signified by the Governor General, by Speech

or Message to each of the Houses of the Parliament or by Proclamation, shall annul

the Act from and after the Day of such Signification.

Signification of Queen’s Pleasure on Bill reserved

57. A Bill reserved for the Signification of the Queen’s Pleasure shall not have

any Force unless and until, within Two Years from the Day on which it was pre-

sented to the Governor General for the Queen’s Assent, the Governor General signi-

fies, by Speech or Message to each of the Houses of the Parliament or by Proclama-

tion, that it has received the Assent of the Queen in Council.

An Entry of every such Speech, Message, or Proclamation shall be made in the

Journal of each House, and a Duplicate thereof duly attested shall be delivered to

the proper Officer to be kept among the Records of Canada.

V. PROVINCIAL CONSTITUTIONS

EXECUTIVE POWER

Appointment of Lieutenant Governors of Provinces

58. For each Province there shall be an Officer, styled the Lieutenant Governor,

appointed by the Governor General in Council by Instrument under the Great Seal

of Canada.

Tenure of Office of Lieutenant Governor

59. A Lieutenant Governor shall hold Office during the Pleasure of the Governor

General; but any Lieutenant Governor appointed after the Commencement of the

First Session of the Parliament of Canada shall not be removeable within Five Years

from his Appointment, except for Cause assigned, which shall be communicated to

him in Writing within One Month after the Order for his Removal is made, and

shall be communicated by Message to the Senate and to the House of Commons

Constitution Act, 1867

within One Week thereafter if the Parliament is then sitting, and if not then within

One Week after the Commencement of the next Session of the Parliament.

Salaries of Lieutenant Governors

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

Parliament of Canada.

(30)

Oaths, etc., of Lieutenant Governor

61. Every Lieutenant Governor shall, before assuming the Duties of his Office,

make and subscribe before the Governor General or some Person authorized by him

Oaths of Allegiance and Office similar to those taken by the Governor General.

Application of Provisions referring to Lieutenant Governor

62. The Provisions of this Act referring to the Lieutenant Governor extend and

apply to the Lieutenant Governor for the Time being of each Province, or other the

Chief Executive Officer or Administrator for the Time being carrying on the Gov-

ernment of the Province, by whatever Title he is designated.

Appointment of Executive Officers for Ontario and Quebec

63. The Executive Council of Ontario and of Quebec shall be composed of such

Persons as the Lieutenant Governor from Time to Time thinks fit, and in the first

instance of the following Officers, namely, — the Attorney General, the Secretary

and Registrar of the Province, the Treasurer of the Province, the Commissioner of

Crown Lands, and the Commissioner of Agriculture and Public Works, with in

Quebec the Speaker of the Legislative Council and the Solicitor General.

(31)

Executive Government of Nova Scotia and New Brunswick

64. The Constitution of the Executive Authority in each of the Provinces of Nova

Scotia and New Brunswick shall, subject to the Provisions of this Act, continue as it

exists at the Union until altered under the Authority of this Act.

(32)

Powers to be exercised by Lieutenant Governor of Ontario or Quebec with Advice, or alone

65. All Powers, Authorities, and Functions which under any Act of the Parlia-

ment of Great Britain, or of the Parliament of the United Kingdom of Great Britain

(30)

Provided for by the Salaries Act, R.S.C. 1985, c. S-3.

(31)

Now provided for in Ontario by the Executive Council Act, R.S.O. 1990, c. E.25,

and in Quebec by the Executive Power Act, R.S.Q., c. E-18.

(32)

A similar provision was included in each of the instruments admitting British

Columbia, Prince Edward Island, and Newfoundland. The Executive Authorities for

Manitoba, Alberta and Saskatchewan were established by the statutes creating those

provinces. See footnote (6) to section 5, above.

Constitution Act, 1867

and Ireland, or of the Legislature of Upper Canada, Lower Canada, or Canada, were

or are before or at the Union vested in or exerciseable by the respective Governors

or Lieutenant Governors of those Provinces, with the Advice or with the Advice and

Consent of the respective Executive Councils thereof, or in conjunction with those

Councils, or with any Number of Members thereof, or by those Governors or Lieu-

tenant Governors individually, shall, as far as the same are capable of being exer-

cised after the Union in relation to the Government of Ontario and Quebec respec-

tively, be vested in and shall or may be exercised by the Lieutenant Governor of

Ontario and Quebec respectively, with the Advice or with the Advice and Consent

of or in conjunction with the respective Executive Councils, or any Members there-

of, or by the Lieutenant Governor individually, as the Case requires, subject never-

theless (except with respect to such as exist under Acts of the Parliament of Great

Britain, or of the Parliament of the United Kingdom of Great Britain and Ireland,) to

be abolished or altered by the respective Legislatures of Ontario and Quebec.

(33)

Application of Provisions referring to Lieutenant Governor in Council

66. The Provisions of this Act referring to the Lieutenant Governor in Council

shall be construed as referring to the Lieutenant Governor of the Province acting by

and with the Advice of the Executive Council thereof.

Administration in Absence, etc., of Lieutenant Governor

67. The Governor General in Council may from Time to Time appoint an Ad-

ministrator to execute the Office and Functions of Lieutenant Governor during his

Absence, Illness, or other Inability.

Seats of Provincial Governments

68. Unless and until the Executive Government of any Province otherwise di-

rects with respect to that Province, the Seats of Government of the Provinces shall

be as follows, namely, — of Ontario, the City of Toronto; of Quebec, the City of

Quebec; of Nova Scotia, the City of Halifax; and of New Brunswick, the City of

Fredericton.

LEGISLATIVE POWER

1. Ontario

Legislature for Ontario

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

nor and of One House, styled the Legislative Assembly of Ontario.

(33)

See footnote (65) to section 129, below.

Constitution Act, 1867

Electoral districts

70. The Legislative Assembly of Ontario shall be composed of Eighty-two Mem-

bers, to be elected to represent the Eighty-two Electoral Districts set forth in the

First Schedule to this Act.

(34)

2. Quebec

Legislature for Quebec

71. There shall be a Legislature for Quebec consisting of the Lieutenant Gover-

nor and of Two Houses, styled the Legislative Council of Quebec and the Legisla-

tive Assembly of Quebec.

(35)

Constitution of Legislative Council

72. The Legislative Council of Quebec shall be composed of Twenty-four Mem-

bers, to be appointed by the Lieutenant Governor, in the Queen’s Name, by Instru-

ment under the Great Seal of Quebec, one being appointed to represent each of the

Twenty-four Electoral Divisions of Lower Canada in this Act referred to, and each

holding Office for the Term of his Life, unless the Legislature of Quebec otherwise

provides under the Provisions of this Act.

Qualification of Legislative Councillors

73. The Qualifications of the Legislative Councillors of Quebec shall be the

same as those of the Senators for Quebec.

Resignation, Disqualification, etc.

74. The Place of a Legislative Councillor of Quebec shall become vacant in the

Cases, mutatis mutandis, in which the Place of Senator becomes vacant.

Vacancies

75. When a Vacancy happens in the Legislative Council of Quebec by Resigna-

tion, Death, or otherwise, the Lieutenant Governor, in the Queen’s Name, by Instru-

ment under the Great Seal of Quebec, shall appoint a fit and qualified Person to fill

the Vacancy.

(34)

Spent. Now covered by the Representation Act, 2005, S.O. 2005, c. 35, Schedule 1.

(35)

An Act respecting the Legislative Council of Quebec, S.Q. 1968, c. 9, provided that

the Legislature for Quebec shall consist of the Lieutenant Governor and the National

Assembly of Quebec, and repealed the provisions of the Legislature Act, R.S.Q. 1964,

c. 6, relating to the Legislative Council of Quebec. Now covered by the National Assem-

bly Act, R.S.Q. c. A-23.1. Sections 72 to 79 following are therefore completely spent.

Constitution Act, 1867

Questions as to Vacancies, etc.

76. If any Question arises respecting the Qualification of a Legislative Council-

lor of Quebec, or a Vacancy in the Legislative Council of Quebec, the same shall be

heard and determined by the Legislative Council.

Speaker of Legislative Council

77. The Lieutenant Governor may from Time to Time, by Instrument under the

Great Seal of Quebec, appoint a Member of the Legislative Council of Quebec to be

Speaker thereof, and may remove him and appoint another in his Stead.

Quorum of Legislative Council

78. Until the Legislature of Quebec otherwise provides, the Presence of at least

Ten Members of the Legislative Council, including the Speaker, shall be necessary

to constitute a Meeting for the Exercise of its Powers.

Voting in Legislative Council

79. Questions arising in the Legislative Council of Quebec shall be decided by a

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

Voices are equal the Decision shall be deemed to be in the Negative.

Constitution of Legislative Assembly of Quebec

80. The Legislative Assembly of Quebec shall be composed of Sixty-five Mem-

bers, to be elected to represent the Sixty-five Electoral Divisions or Districts of

Lower Canada in this Act referred to, subject to Alteration thereof by the Legisla-

ture of Quebec: Provided that it shall not be lawful to present to the Lieutenant Gov-

ernor of Quebec for Assent any Bill for altering the Limits of any of the Electoral

Divisions or Districts mentioned in the Second Schedule to this Act, unless the Sec-

ond and Third Readings of such Bill have been passed in the Legislative Assembly

with the Concurrence of the Majority of the Members representing all those Elec-

toral Divisions or Districts, and the Assent shall not be given to such Bill unless an

Address has been presented by the Legislative Assembly to the Lieutenant Gover-

nor stating that it has been so passed.

(36)

3. Ontario and Quebec

81. Repealed.

(37)

(36)

An Act respecting the electoral districts, S.Q. 1970, c. 7, provides that this section no

longer has effect.

(37)

Repealed by the Statute Law Revision Act, 1893, 56-57 Vict., c. 14 (U.K.). The sec-

tion read as follows:

81. The Legislatures of Ontario and Quebec respectively shall be called together not later than Six Months

after the Union.

Constitution Act, 1867

Summoning of Legislative Assemblies

82. The Lieutenant Governor of Ontario and of Quebec shall from Time to Time,

in the Queen’s Name, by Instrument under the Great Seal of the Province, summon

and call together the Legislative Assembly of the Province.

Restriction on election of Holders of offices

83. Until the Legislature of Ontario or of Quebec otherwise provides, a Person

accepting or holding in Ontario or in Quebec any Office, Commission, or Employ-

ment, permanent or temporary, at the Nomination of the Lieutenant Governor, to

which an annual Salary, or any Fee, Allowance, Emolument, or Profit of any Kind

or Amount whatever from the Province is attached, shall not be eligible as a Mem-

ber of the Legislative Assembly of the respective Province, nor shall he sit or vote

as such; but nothing in this Section shall make ineligible any Person being a Mem-

ber of the Executive Council of the respective Province, or holding any of the fol-

lowing Offices, that is to say, the Offices of Attorney General, Secretary and Regis-

trar of the Province, Treasurer of the Province, Commissioner of Crown Lands, and

Commissioner of Agriculture and Public Works, and in Quebec Solicitor General,

or shall disqualify him to sit or vote in the House for which he is elected, provided

he is elected while holding such Office.

(38)

Continuance of existing Election Laws

84. Until the legislatures of Ontario and Quebec respectively otherwise provide,

all Laws which at the Union are in force in those Provinces respectively, relative to

the following Matters, or any of them, namely, — the Qualifications and Disqualifi-

cations of Persons to be elected or to sit or vote as Members of the Assembly of

Canada, the Qualifications or Disqualifications of Voters, the Oaths to be taken by

Voters, the Returning Officers, their Powers and Duties, the Proceedings at Elec-

tions, the Periods during which such Elections may be continued, and the Trial of

controverted Elections and the Proceedings incident thereto, the vacating of the

Seats of Members and the issuing and execution of new Writs in case of Seats va-

cated otherwise than by Dissolution, — shall respectively apply to Elections of

Members to serve in the respective Legislative Assemblies of Ontario and Quebec.

(38)

Probably spent. The subject-matter of this section is now covered in Ontario by

the Legislative Assembly Act, R.S.O. 1990, c. L.10, and in Quebec by the National As-

sembly Act, R.S.Q. c. A-23.1.

Constitution Act, 1867

Provided that, until the Legislature of Ontario otherwise provides, at any Election

for a Member of the Legislative Assembly of Ontario for the District of Algoma, in

addition to Persons qualified by the Law of the Province of Canada to vote, every

Male British Subject, aged Twenty-one Years or upwards, being a Householder,

shall have a Vote.

(39)

Duration of Legislative Assemblies

85. Every Legislative Assembly of Ontario and every Legislative Assembly of

Quebec shall continue for Four Years from the Day of the Return of the Writs for

choosing the same (subject nevertheless to either the Legislative Assembly of On-

tario or the Legislative Assembly of Quebec being sooner dissolved by the Lieu-

tenant Governor of the Province), and no longer.

(40)

Yearly Session of Legislature

86. There shall be a Session of the Legislature of Ontario and of that of Quebec

once at least in every Year, so that Twelve Months shall not intervene between the

last Sitting of the Legislature in each Province in one Session and its first Sitting in

the next Session.

(41)

Speaker, Quorum, etc.

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 Que-

bec, 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 Quo-

rum, and the Mode of voting, as if those Provisions were here re-enacted and made

applicable in Terms to each such Legislative Assembly.

(39)

Probably spent. The subject-matter of this section is now covered in Ontario by

the Election Act, R.S.O. 1990, c. E.6, and the Legislative Assembly Act, R.S.O. 1990,

c. L.10, and in Quebec by the Election Act, R.S.Q. c. E-3.3 and the National Assembly

Act, R.S.Q. c. A-23.1.

(40)

The maximum duration of the Legislative Assembly of Quebec has been changed

to five years. See the National Assembly Act, R.S.Q. c. A-23.1. See also section 4 of the

Constitution Act, 1982, which provides a maximum duration for a legislative assembly

of five years but also authorizes continuation in special circumstances.

(41)

See also section 5 of the Constitution Act, 1982, which provides that there shall be a

sitting of each legislature at least once every twelve months.

Constitution Act, 1867

4. Nova Scotia and New Brunswick

Constitutions of Legislatures of Nova Scotia and New Brunswick

88. The Constitution of the Legislature of each of the Provinces of Nova Scotia

and New Brunswick shall, subject to the Provisions of this Act, continue as it exists

at the Union until altered under the Authority of this Act.

(42)

5. Ontario, Quebec, and Nova Scotia

89. Repealed.

(43)

6. The Four Provinces

Application to Legislatures of Provisions respecting Money Votes, etc.

90. The following Provisions of this Act respecting the Parliament of Canada,

namely, — the Provisions relating to Appropriation and Tax Bills, the Recommen-

dation of Money Votes, the Assent to Bills, the Disallowance of Acts, and the Signi-

fication of Pleasure on Bills reserved, — shall extend and apply to the Legislatures

of the several Provinces as if those Provisions were here re-enacted and made appli-

cable in Terms to the respective Provinces and the Legislatures thereof, with the

Substitution of the Lieutenant Governor of the Province for the Governor General,

(42)

Partially repealed by the Statute Law Revision Act, 1893, 56-57 Vict., c. 14 (U.K.),

which deleted the following concluding words of the original enactment:

and the House of Assembly of New Brunswick existing at the passing of this Act shall, unless soooner dis-

solved, continue for the Period for which it was elected.

A similar provision was included in each of the instruments admitting British

Columbia, Prince Edward Island and Newfoundland. The Legislatures of Manitoba,

Alberta and Saskatchewan were established by the statutes creating those provinces.

See footnote (6) to section 5, above.

See also sections 3 to 5 of the Constitution Act, 1982, which prescribe democratic

rights applicable to all provinces, and subitem 2(2) of the Schedule to that Act, which

sets out the repeal of section 20 of the Manitoba Act, 1870. Section 20 of the Manitoba

Act, 1870 has been replaced by section 5 of the Constitution Act, 1982. Section 20 read

as follows:

20. There shall be a Session of the Legislature once at least in every year, so that twelve months shall not

intervene between the last sitting of the Legislature in one Session and its first sitting in the next Session.

(43)

Repealed by the Statute Law Revision Act, 1893, 56-57 Vict., c. 14 (U.K.). The sec-

tion read as follows:

89. Each of the Lieutenant Governors of Ontario, Quebec and Nova Scotia shall cause Writs to be issued for

the First Election of Members of the Legislative Assembly thereof in such Form and by such Person as he thinks

fit, and at such Time and addressed to such Returning Officer as the Governor General directs, and so that the

First Election of Member of Assembly for any Electoral District or any Subdivision thereof shall be held at the

same Time and at the same Places as the Election for a Member to serve in the House of Commons of Canada for

that Electoral District.

Constitution Act, 1867

of the Governor General for the Queen and for a Secretary of State, of One Year for

Two Years, and of the Province for Canada.

VI. DISTRIBUTION OF LEGISLATIVE POWERS

POWERS OF THE PARLIAMENT

Legislative Authority of Parliament of Canada

91. It shall be lawful for the Queen, by and with the Advice and Consent of the

Senate and House of Commons, to make Laws for the Peace, Order, and good Gov-

ernment of Canada, in relation to all Matters not coming within the Classes of Sub-

jects by this Act assigned exclusively to the Legislatures of the Provinces; and for

greater Certainty, but not so as to restrict the Generality of the foregoing Terms of

this Section, it is hereby declared that (notwithstanding anything in this Act) the ex-

clusive Legislative Authority of the Parliament of Canada extends to all Matters

coming within the Classes of Subjects next hereinafter enumerated; that is to say,

Repealed.

(44)

1A.

The Public Debt and Property.

(45)

2. The Regulation of Trade and Commerce.

2A.

Unemployment insurance.

(46)

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

4. The borrowing of Money on the Public Credit.

(44)

A new class 1 was added by the British North America (No. 2) Act, 1949,

13 Geo. VI, c. 81 (U.K.). That Act and class 1 were repealed by the Constitution Act,

1982. The matters referred to in class 1 are provided for in subsection 4(2) and Part V

of the Constitution Act, 1982. As enacted, class 1 read as follows:

1. The amendment from time to time of the Constitution of Canada, except as regards matters coming within

the classes of subjects by this Act assigned exclusively to the Legislatures of the provinces, or as regards rights

or privileges by this or any other Constitutional Act granted or secured to the Legislature or the Government of a

province, or to any class of persons with respect to schools or as regards the use of the English or the French

language or as regards the requirements that there shall be a session of the Parliament of Canada at least once

each year, and that no House of Commons shall continue for more than five years from the day of the return of

the Writs for choosing the House: provided, however, that a House of Commons may in time of real or appre-

hended war, invasion or insurrection be continued by the Parliament of Canada if such continuation is not op-

posed by the votes of more than one-third of the members of such House.

(45)

The original class 1 was re-numbered by the British North America (No. 2) Act,

1949, 13 Geo. VI, c. 81 (U.K.), as class 1A.

(46)

Added by the Constitution Act, 1940, 3-4 Geo. VI, c. 36 (U.K.).

Constitution Act, 1867

5. Postal Service.

6. The Census and Statistics.

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

8. The fixing of and providing for the Salaries and Allowances of Civil and

other Officers of the Government of Canada.

9. Beacons, Buoys, Lighthouses, and Sable Island.

10. Navigation and Shipping.

11. Quarantine and the Establishment and Maintenance of Marine Hospitals.

12. Sea Coast and Inland Fisheries.

13. Ferries between a Province and any British or Foreign Country or between

Two Provinces.

14. Currency and Coinage.

15. Banking, Incorporation of Banks, and the Issue of Paper Money.

16. Savings Banks.

17. Weights and Measures.

18. Bills of Exchange and Promissory Notes.

19. Interest.

20. Legal Tender.

21. Bankruptcy and Insolvency.

22. Patents of Invention and Discovery.

23. Copyrights.

24. Indians, and Lands reserved for the Indians.

25. Naturalization and Aliens.

26. Marriage and Divorce.

Constitution Act, 1867

27. The Criminal Law, except the Constitution of Courts of Criminal Jurisdic-

tion, 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 pri-

vate Nature comprised in the Enumeration of the Classes of Subjects by this Act as-

signed exclusively to the Legislatures of the Provinces.

(47)

EXCLUSIVE POWERS OF PROVINCIAL LEGISLATURES

Subjects of exclusive Provincial Legislation

92. In each Province the Legislature may exclusively make Laws in relation to

Matters coming within the Classes of Subjects next hereinafter enumerated; that is

to say,

Repealed.

(48)

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

Provincial Purposes.

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

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

and Payment of Provincial Officers.

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

and of the Timber and Wood thereon.

6. The Establishment, Maintenance, and Management of Public and Reforma-

tory Prisons in and for the Province.

(47)

Legislative authority has been conferred on Parliament by other Acts. For further

details, see endnote 3.

(48)

Class 1 was repealed by the Constitution Act, 1982. As enacted, it read as follows:

1. The Amendment from Time to Time, notwithstanding anything in this Act, of the Constitution of the

Province, except as regards the Office of Lieutenant Governor.

Section 45 of the Constitution Act, 1982 now authorizes legislatures to make laws

amending the constitution of the province. Sections 38, 41, 42 and 43 of that Act autho-

rize legislative assemblies to give their approval by resolution to certain other amend-

ments to the Constitution of Canada.

Constitution Act, 1867

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

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

Marine Hospitals.

8. Municipal Institutions in the Province.

9. Shop, Saloon, Tavern, Auctioneer, and other Licences in order to the raising

of a Revenue for Provincial, Local, or Municipal Purposes.

10. Local Works and Undertakings other than such as are of the following

Classes:

(a) Lines of Steam or other Ships, Railways, Canals, Telegraphs, and other

Works and Undertakings connecting the Province with any other or

others of the Provinces, or extending beyond the Limits of the

Province:

(b) Lines of Steam Ships between the Province and any British or Foreign

Country:

or after their Execution declared by the Parliament of Canada to be for

the general Advantage of Canada or for the Advantage of Two or more

of the Provinces.

11. The Incorporation of Companies with Provincial Objects.

12. The Solemnization of Marriage in the Province.

13. Property and Civil Rights in the Province.

14. The Administration of Justice in the Province, including the Constitution,

Maintenance, and Organization of Provincial Courts, both of Civil and of

Criminal Jurisdiction, and including Procedure in Civil Matters in those

Courts.

15. The Imposition of Punishment by Fine, Penalty, or Imprisonment for enforc-

ing any Law of the Province made in relation to any Matter coming within

any of the Classes of Subjects enumerated in this Section.

16. Generally all Matters of a merely local or private Nature in the Province.

NON-RENEWABLE NATURAL RESOURCES, FORESTRY RESOURCES AND ELECTRICAL ENERGY

Laws respecting non-renewable natural resources, forestry resources and electrical energy

92A. (1) In each province, the legislature may exclusively make laws in relation

(a) exploration for non-renewable natural resources in the province;

Constitution Act, 1867

(b) development, conservation and management of non-renewable natural re-

sources and forestry resources in the province, including laws in relation to the

rate of primary production therefrom; and

province for the generation and production of electrical energy.

Export from provinces of resources

(2) In each province, the legislature may make laws in relation to the export from

the province to another part of Canada of the primary production from non-renew-

able natural resources and forestry resources in the province and the production

from facilities in the province for the generation of electrical energy, but such laws

may not authorize or provide for discrimination in prices or in supplies exported to

another part of Canada.

Authority of Parliament

(3) Nothing in subsection (2) derogates from the authority of Parliament to enact

laws in relation to the matters referred to in that subsection and, where such a law of

Parliament and a law of a province conflict, the law of Parliament prevails to the

extent of the conflict.

Taxation of resources

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

money by any mode or system of taxation in respect of

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

the primary production therefrom, and

(b) sites and facilities in the province for the generation of electrical energy and

the production therefrom,

whether or not such production is exported in whole or in part from the province,

but such laws may not authorize or provide for taxation that differentiates between

production exported to another part of Canada and production not exported from the

province.

“Primary production”

(5) The expression “primary production” has the meaning assigned by the Sixth

Schedule.

Constitution Act, 1867

Existing powers or rights

(6) Nothing in subsections (1) to (5) derogates from any powers or rights that a

legislature or government of a province had immediately before the coming into

force of this section.

(49)

EDUCATION

Legislation respecting Education

93. In and for each Province the Legislature may exclusively make Laws in rela-

tion 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 ex-

tended to the Dissentient Schools of the Queen’s Protestant and Roman

Catholic Subjects in Quebec;

(3) Where in any Province a System of Separate or Dissentient Schools exists

by Law at the Union or is thereafter established by the Legislature of the

Province, an Appeal shall lie to the Governor General in Council from any

Act or Decision of any Provincial Authority affecting any Right or Privilege

of the Protestant or Roman Catholic Minority of the Queen’s Subjects in re-

lation to Education;

(4) In case any such Provincial Law as from Time to Time seems to the Gover-

nor General in Council requisite for the due Execution of the Provisions of

this Section is not made, or in case any Decision of the Governor General in

Council on any Appeal under this Section is not duly executed by the proper

Provincial Authority in that Behalf, then and in every such Case, and as far

only as the Circumstances of each Case require, the Parliament of Canada

may make remedial Laws for the due Execution of the Provisions of this

Section and of any Decision of the Governor General in Council under this

Section.

(50)

(49)

Added by section 50 of the Constitution Act, 1982.

(50)

Alternative provisions have been enacted for four provinces. For further details,

see endnote 4.

Constitution Act, 1867

Quebec

93A. Paragraphs (1) to (4) of section 93 do not apply to Quebec.

(51)

UNIFORMITY OF LAWS IN ONTARIO, NOVA SCOTIA, AND NEW BRUNSWICK

Legislation for Uniformity of Laws in Three Provinces

94. Notwithstanding anything in this Act, the Parliament of Canada may make

Provision for the Uniformity of all or any of the Laws relative to Property and Civil

Rights in Ontario, Nova Scotia, and New Brunswick, and of the Procedure of all or

any of the Courts in those Three Provinces, and from and after the passing of any

Act in that Behalf the Power of the Parliament of Canada to make Laws in relation

to any Matter comprised in any such Act shall, notwithstanding anything in this Act,

be unrestricted; but any Act of the Parliament of Canada making Provision for such

Uniformity shall not have effect in any Province unless and until it is adopted and

enacted as Law by the Legislature thereof.

OLD AGE PENSIONS

Legislation respecting old age pensions and supplementary benefits

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

and supplementary benefits, including survivors’ and disability benefits irrespective

of age, but no such law shall affect the operation of any law present or future of a

provincial legislature in relation to any such matter.

(52)

AGRICULTURE AND IMMIGRATION

Concurrent Powers of Legislation respecting Agriculture, etc.

95. In each Province the Legislature may make Laws in relation to Agriculture in

the Province, and to Immigration into the Province; and it is hereby declared that

the Parliament of Canada may from Time to Time make Laws in relation to Agri-

culture in all or any of the Provinces, and to Immigration into all or any of the

Provinces; and any Law of the Legislature of a Province relative to Agriculture or to

Immigration shall have effect in and for the Province as long and as far only as it is

not repugnant to any Act of the Parliament of Canada.

(51)

Added by the Constitution Amendment, 1997 (Quebec) (see SI/97-141).

(52)

Amended by the Constitution Act, 1964, 12-13 Eliz. II, c. 73 (U.K.). As originally

enacted by the British North America Act, 1951, 14-15 Geo. VI, c. 32 (U.K.), which was

repealed by the Constitution Act, 1982, section 94A read as follows:

94A. It is hereby declared that the Parliament of Canada may from time to time make laws in relation to old

age pensions in Canada, but no law made by the Parliament of Canada in relation to old age pensions shall affect

the operation of any law present or future of a Provincial Legislature in relation to old age pensions.

Constitution Act, 1867

VII. JUDICATURE

Appointment of Judges

96. The Governor General shall appoint the Judges of the Superior, District, and

County Courts in each Province, except those of the Courts of Probate in Nova Sco-

tia and New Brunswick.

Selection of Judges in Ontario, etc.

97. Until the Laws relative to Property and Civil Rights in Ontario, Nova Scotia,

and New Brunswick, and the Procedure of the Courts in those Provinces, are made

uniform, the Judges of the Courts of those Provinces appointed by the Governor

General shall be selected from the respective Bars of those Provinces.

Selection of Judges in Quebec

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

Province.

Tenure of office of Judges

99. (1) Subject to subsection (2) of this section, the judges of the superior courts

shall hold office during good behaviour, but shall be removable by the Governor

General on address of the Senate and House of Commons.

Termination at age 75

(2) A judge of a superior court, whether appointed before or after the coming in-

to force of this section, shall cease to hold office upon attaining the age of seventy-

five years, or upon the coming into force of this section if at that time he has already

attained that age.

(53)

Salaries, etc., of Judges

100. The Salaries, Allowances, and Pensions of the Judges of the Superior, Dis-

trict, 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.

(54)

(53)

Amended by the Constitution Act, 1960, 9 Eliz. II, c. 2 (U.K.), which came into

force on March 1, 1961. The original section read as follows:

99. The Judges of the Superior Courts shall hold Office during good Behaviour, but shall be removable by

the Governor General on Address of the Senate and House of Commons.

(54)

Now provided for in the Judges Act, R.S.C. 1985, c. J-1.

Constitution Act, 1867

General Court of Appeal, etc.

101. The Parliament of Canada may, notwithstanding anything in this Act, from

Time to Time provide for the Constitution, Maintenance, and Organization of a

General Court of Appeal for Canada, and for the Establishment of any additional

Courts for the better Administration of the Laws of Canada.

(55)

VIII. REVENUES; DEBTS; ASSETS; TAXATION

Creation of Consolidated Revenue Fund

102. All Duties and Revenues over which the respective Legislatures of Canada,

Nova Scotia, and New Brunswick before and at the Union had and have Power of

Appropriation, except such Portions thereof as are by this Act reserved to the re-

spective Legislatures of the Provinces, or are raised by them in accordance with the

special Powers conferred on them by this Act, shall form One Consolidated Rev-

enue Fund, to be appropriated for the Public Service of Canada in the Manner and

subject to the Charges in this Act provided.

Expenses of Collection, etc.

103. The Consolidated Revenue Fund of Canada shall be permanently charged

with the Costs, Charges, and Expenses incident to the Collection, Management, and

Receipt thereof, and the same shall form the First Charge thereon, subject to be re-

viewed and audited in such Manner as shall be ordered by the Governor General in

Council until the Parliament otherwise provides.

Interest of Provincial Public Debts

104. The annual Interest of the Public Debts of the several Provinces of Canada,

Nova Scotia, and New Brunswick at the Union shall form the Second Charge on the

Consolidated Revenue Fund of Canada.

Salary of Governor General

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

General shall be Ten thousand Pounds Sterling Money of the United Kingdom of

Great Britain and Ireland, payable out of the Consolidated Revenue Fund of

Canada, and the same shall form the Third Charge thereon.

(56)

(55)

See the Supreme Court Act, R.S.C. 1985, c. S-26, the Federal Courts Act,

R.S.C. 1985, c. F-7 and the Tax Court of Canada Act, R.S.C. 1985, c. T-2.

(56)

Now covered by the Governor General’s Act, R.S.C. 1985, c. G-9.

Constitution Act, 1867

Appropriation from Time to Time

106. Subject to the several Payments by this Act charged on the Consolidated

Revenue Fund of Canada, the same shall be appropriated by the Parliament of

Canada for the Public Service.

Transfer of Stocks, etc.

107. All Stocks, Cash, Banker’s Balances, and Securities for Money belonging

to each Province at the Time of the Union, except as in this Act mentioned, shall be

the Property of Canada, and shall be taken in Reduction of the Amount of the re-

spective Debts of the Provinces at the Union.

Transfer of Property in Schedule

108. The Public Works and Property of each Province, enumerated in the Third

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

Property in Lands, Mines, etc.

109. All Lands, Mines, Minerals, and Royalties belonging to the several

Provinces of Canada, Nova Scotia, and New Brunswick at the Union, and all Sums

then due or payable for such Lands, Mines, Minerals, or Royalties, shall belong to

the several Provinces of Ontario, Quebec, Nova Scotia, and New Brunswick in

which the same are situate or arise, subject to any Trusts existing in respect thereof,

and to any Interest other than that of the Province in the same.

(57)

Assets connected with Provincial Debts

110. All Assets connected with such Portions of the Public Debt of each

Province as are assumed by that Province shall belong to that Province.

Canada to be liable for Provincial Debts

111. Canada shall be liable for the Debts and Liabilities of each Province exist-

ing at the Union.

(57)

Manitoba, Alberta and Saskatchewan were placed in the same position as the orig-

inal provinces by the Constitution Act, 1930, 20-21 Geo. V, c. 26 (U.K.).

These matters were dealt with in respect of British Columbia by the British

Columbia Terms of Union and also in part by the Constitution Act, 1930.

Newfoundland was also placed in the same position by the Newfoundland Act,

12-13 Geo. V1, c. 22 (U.K.).

With respect to Prince Edward Island, see the Schedule to the Prince Edward Island

Terms of Union.

Constitution Act, 1867

Debts of Ontario and Quebec

112. Ontario and Quebec conjointly shall be liable to Canada for the Amount (if

any) by which the Debt of the Province of Canada exceeds at the Union Sixty-two

million five hundred thousand Dollars, and shall be charged with Interest at the Rate

of Five per Centum per Annum thereon.

Assets of Ontario and Quebec

113. The Assets enumerated in the Fourth Schedule to this Act belonging at the

Union to the Province of Canada shall be the Property of Ontario and Quebec con-

jointly.

Debt of Nova Scotia

114. Nova Scotia shall be liable to Canada for the Amount (if any) by which its

Public Debt exceeds at the Union Eight million Dollars, and shall be charged with

Interest at the Rate of Five per Centum per Annum thereon.

(58)

Debt of New Brunswick

115. New Brunswick shall be liable to Canada for the Amount (if any) by which

its Public Debt exceeds at the Union Seven million Dollars, and shall be charged

with Interest at the Rate of Five per Centum per Annum thereon.

Payment of interest to Nova Scotia and New Brunswick

116. In case the Public Debts of Nova Scotia and New Brunswick do not at the

Union amount to Eight million and Seven million Dollars respectively, they shall

respectively receive by half-yearly Payments in advance from the Government of

Canada Interest at Five per Centum per Annum on the Difference between the actu-

al Amounts of their respective Debts and such stipulated Amounts.

Provincial Public Property

117. The several Provinces shall retain all their respective Public Property not

otherwise disposed of in this Act, subject to the Right of Canada to assume any

Lands or Public Property required for Fortifications or for the Defence of the Coun-

try.

118. Repealed.

(59)

(58)

The obligations imposed by sections 114, 115 and 116, and similar obligations un-

der the instruments creating or admitting other provinces, are now to be found in the

Provincial Subsidies Act, R.S.C. 1985, c. P-26.

(59)

Repealed by the Statute Law Revision Act, 1950, 14 Geo. VI, c. 6 (U.K.). For fur-

ther details, see endnote 5.

Constitution Act, 1867

Further Grant to New Brunswick

119. New Brunswick shall receive by half-yearly Payments in advance from

Canada for the Period of Ten Years from the Union an additional Allowance of Six-

ty-three thousand Dollars per Annum; but as long as the Public Debt of that

Province remains under Seven million Dollars, a Deduction equal to the Interest at

Five per Centum per Annum on such Deficiency shall be made from that Allowance

of Sixty-three thousand Dollars.

(60)

Form of Payments

120. All Payments to be made under this Act, or in discharge of Liabilities creat-

ed under any Act of the Provinces of Canada, Nova Scotia, and New Brunswick re-

spectively, and assumed by Canada, shall, until the Parliament of Canada otherwise

directs, be made in such Form and Manner as may from Time to Time be ordered

by the Governor General in Council.

Canadian Manufactures, etc.

121. All Articles of the Growth, Produce, or Manufacture of any one of the

Provinces shall, from and after the Union, be admitted free into each of the other

Provinces.

Continuance of Customs and Excise Laws

122. The Customs and Excise Laws of each Province shall, subject to the Provi-

sions of this Act, continue in force until altered by the Parliament of Canada.

(61)

Exportation and Importation as between Two Provinces

123. Where Customs Duties are, at the Union, leviable on any Goods, Wares, or

Merchandises in any Two Provinces, those Goods, Wares, and Merchandises may,

from and after the Union, be imported from one of those Provinces into the other of

them on Proof of Payment of the Customs Duty leviable thereon in the Province of

Exportation, and on Payment of such further Amount (if any) of Customs Duty as is

leviable thereon in the Province of Importation.

(62)

Lumber Dues in New Brunswick

124. Nothing in this Act shall affect the Right of New Brunswick to levy the

Lumber Dues provided in Chapter Fifteen of Title Three of the Revised Statutes of

(60)

Spent.

(61)

Spent. Now covered by the Customs Act, R.S.C. 1985, c. 1 (2nd Supp.), the Customs

Tariff, S.C. 1997, c. 36, the Excise Act, R.S.C. 1985, c. E-14, the Excise Act, 2001,

S.C. 2002, c. 22 and the Excise Tax Act, R.S.C. 1985, c. E-15.

(62)

Spent.

Constitution Act, 1867

New Brunswick, or in any Act amending that Act before or after the Union, and not

increasing the Amount of such Dues; but the Lumber of any of the Provinces other

than New Brunswick shall not be subject to such Dues.

(63)

Exemption of Public Lands, etc.

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

to Taxation.

Provincial Consolidated Revenue Fund

126. Such Portions of the Duties and Revenues over which the respective Legis-

latures of Canada, Nova Scotia, and New Brunswick had before the Union Power of

Appropriation as are by this Act reserved to the respective Governments or Legisla-

tures 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.

(64)

Oath of Allegiance, etc.

128. Every Member of the Senate or House of Commons of Canada shall before

taking his Seat therein take and subscribe before the Governor General or some Per-

son authorized by him, and every Member of a Legislative Council or Legislative

Assembly of any Province shall before taking his Seat therein take and subscribe

before the Lieutenant Governor of the Province or some Person authorized by him,

the Oath of Allegiance contained in the Fifth Schedule to this Act; and every Mem-

ber of the Senate of Canada and every Member of the Legislative Council of Que-

bec shall also, before taking his Seat therein, take and subscribe before the Gover-

(63)

These dues were repealed in 1873 by 36 Vict., c. 16 (N.B.). Also, see An Act respect-

ing the Export Duties imposed on Lumber, etc. (1873) 36 Vict., c. 41 (Canada), and sec-

tion 2 of the Provincial Subsidies Act, R.S.C. 1985, c. P-26.

(64)

Repealed by the Statute Law Revision Act, 1893, 56-57 Vict., c. 14 (U.K.). The sec-

tion read as follows:

127. If any Person being at the passing of this Act a Member of the Legislative Council of Canada, Nova

Scotia, or New Brunswick, to whom a Place in the Senate is offered, does not within Thirty Days thereafter, by

Writing under his Hand addressed to the Governor General of the Province of Canada or to the Lieutenant Gov-

ernor of Nova Scotia or New Brunswick (as the Case may be), accept the same, he shall be deemed to have de-

clined the same; and any Person who, being at the passing of this Act a Member of the Legislative Council of

Nova Scotia or New Brunswick, accepts a Place in the Senate shall thereby vacate his Seat in such Legislative

Council.

Constitution Act, 1867

nor General, or some Person authorized by him, the Declaration of Qualification

contained in the same Schedule.

Continuance of existing Laws, Courts, Officers, etc.

129. Except as otherwise provided by this Act, all Laws in force in Canada, No-

va Scotia, or New Brunswick at the Union, and all Courts of Civil and Criminal Ju-

risdiction, and all legal Commissions, Powers, and Authorities, and all Officers, Ju-

dicial, 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, ac-

cording to the Authority of the Parliament or of that Legislature under this Act.

(65)

Transfer of Officers to Canada

130. Until the Parliament of Canada otherwise provides, all Officers of the sever-

al Provinces having Duties to discharge in relation to Matters other than those com-

ing within the Classes of Subjects by this Act assigned exclusively to the Legisla-

tures of the Provinces shall be Officers of Canada, and shall continue to discharge

the Duties of their respective Offices under the same Liabilities, Responsibilities,

and Penalties as if the Union had not been made.

(66)

Appointment of new Officers

131. Until the Parliament of Canada otherwise provides, the Governor General in

Council may from Time to Time appoint such Officers as the Governor General in

Council deems necessary or proper for the effectual Execution of this Act.

Treaty Obligations

132. The Parliament and Government of Canada shall have all Powers necessary

or proper for performing the Obligations of Canada or of any Province thereof, as

Part of the British Empire, towards Foreign Countries, arising under Treaties be-

tween the Empire and such Foreign Countries.

(65)

The restriction against altering or repealing laws enacted by or existing under

statutes of the United Kingdom was removed by the Statute of Westminster, 1931,

22 Geo. V, c. 4 (U.K.), except in respect of certain constitutional documents. Compre-

hensive procedures for amending enactments forming part of the Constitution of

Canada were provided by Part V of the Constitution Act, 1982.

(66)

Spent.

Constitution Act, 1867

Use of English and French Languages

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

the Debates of the Houses of the Parliament of Canada and of the Houses of the

Legislature of Quebec; and both those Languages shall be used in the respective

Records and Journals of those Houses; and either of those Languages may be used

by any Person or in any Pleading or Process in or issuing from any Court of Canada

established under this Act, and in or from all or any of the Courts of Quebec.

The Acts of the Parliament of Canada and of the Legislature of Quebec shall be

printed and published in both those Languages.

(67)

A similar provision was enacted for Manitoba by section 23 of the Manitoba Act,

1870, 33 Vict., c. 3 (confirmed by the Constitution Act, 1871, 34-35 Vict., c. 28 (U.K.)).

Section 23 reads as follows:

23. Either the English or the French language may be used by any person in the debates of the Houses of the

Legislature, and both these languages shall be used in the respective Records and Journals of those Houses; and

either of those languages may be used by any person, or in any Pleading or Process, in or issuing from any Court

of Canada established under the British North America Act, 1867, or in or from all or any of the Courts of the

Province. The Acts of the Legislature shall be printed and published in both those languages.

Sections 17 to 19 of the Constitution Act, 1982 restate the language rights set out in

section 133 in respect of Parliament and the courts established under the Constitution

Act, 1867, and also guarantee those rights in respect of the legislature of New

Brunswick and the courts of that province.

Sections 16, 20, 21 and 23 of the Constitution Act, 1982 recognize additional language

rights in respect of the English and French languages. Section 22 preserves language

rights and privileges of languages other than English and French.

Constitution Act, 1867

ONTARIO AND QUEBEC

Appointment of Executive Officers for Ontario and Quebec

134. Until the Legislature of Ontario or of Quebec otherwise provides, the Lieu-

tenant Governors of Ontario and Quebec may each appoint under the Great Seal of

the Province the following Officers, to hold Office during Pleasure, that is to say, —

the Attorney General, the Secretary and Registrar of the Province, the Treasurer of

the Province, the Commissioner of Crown Lands, and the Commissioner of Agricul-

ture and Public Works, and in the Case of Quebec the Solicitor General, and may,

by Order of the Lieutenant Governor in Council, from Time to Time prescribe the

Duties of those Officers, and of the several Departments over which they shall pre-

side or to which they shall belong, and of the Officers and Clerks thereof, and may

also appoint other and additional Officers to hold Office during Pleasure, and may

from Time to Time prescribe the Duties of those Officers, and of the several Depart-

ments over which they shall preside or to which they shall belong, and of the Offi-

cers and Clerks thereof.

(68)

Powers, Duties, etc. of Executive Officers

135. Until the Legislature of Ontario or Quebec otherwise provides, all Rights,

Powers, Duties, Functions, Responsibilities, or Authorities at the passing of this Act

vested in or imposed on the Attorney General, Solicitor General, Secretary and Reg-

istrar of the Province of Canada, Minister of Finance, Commissioner of Crown

Lands, Commissioner of Public Works, and Minister of Agriculture and Receiver

General, by any Law, Statute, or Ordinance of Upper Canada, Lower Canada, or

Canada, and not repugnant to this Act, shall be vested in or imposed on any Officer

to be appointed by the Lieutenant Governor for the Discharge of the same or any of

them; and the Commissioner of Agriculture and Public Works shall perform the Du-

ties and Functions of the Office of Minister of Agriculture at the passing of this Act

imposed by the Law of the Province of Canada, as well as those of the Commission-

er of Public Works.

(69)

Great Seals

136. Until altered by the Lieutenant Governor in Council, the Great Seals of On-

tario 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.

(68)

Spent. Now covered in Ontario by the Executive Council Act, R.S.O. 1990, c. E.25

and in Quebec by the Executive Power Act, R.S.Q. c. E-18.

(69)

Probably spent.

Constitution Act, 1867

Construction of temporary Acts

137. The words “and from thence to the End of the then next ensuing Session of

the Legislature,” or Words to the same Effect, used in any temporary Act of the

Province of Canada not expired before the Union, shall be construed to extend and

apply to the next Session of the Parliament of Canada if the Subject Matter of the

Act is within the Powers of the same as defined by this Act, or to the next Sessions

of the Legislatures of Ontario and Quebec respectively if the Subject Matter of the

Act is within the Powers of the same as defined by this Act.

As to Errors in Names

138. From and after the Union the Use of the Words “Upper Canada” instead of

“Ontario,” or “Lower Canada” instead of “Quebec,” in any Deed, Writ, Process,

Pleading, Document, Matter, or Thing shall not invalidate the same.

As to issue of Proclamations before Union, to commence after Union

139. Any Proclamation under the Great Seal of the Province of Canada issued

before the Union to take effect at a Time which is subsequent to the Union, whether

relating to that Province, or to Upper Canada, or to Lower Canada, and the several

Matters and Things therein proclaimed, shall be and continue of like Force and Ef-

fect as if the Union had not been made.

(70)

As to issue of Proclamations after Union

140. Any Proclamation which is authorized by any Act of the Legislature of the

Province of Canada to be issued under the Great Seal of the Province of Canada,

whether relating to that Province, or to Upper Canada, or to Lower Canada, and

which is not issued before the Union, may be issued by the Lieutenant Governor of

Ontario or of Quebec, as its Subject Matter requires, under the Great Seal thereof;

and from and after the Issue of such Proclamation the same and the several Matters

and Things therein proclaimed shall be and continue of the like Force and Effect in

Ontario or Quebec as if the Union had not been made.

(71)

Penitentiary

141. The Penitentiary of the Province of Canada shall, until the Parliament of

Canada otherwise provides, be and continue the Penitentiary of Ontario and of Que-

bec.

(72)

(70)

Probably spent.

(71)

Probably spent.

(72)

Spent. Penitentiaries are now provided for by the Corrections and Conditional Re-

lease Act, S.C. 1992, c. 20.

Constitution Act, 1867

Arbitration respecting Debts, etc.

142. The Division and Adjustment of the Debts, Credits, Liabilities, Properties,

and Assets of Upper Canada and Lower Canada shall be referred to the Arbitrament

of Three Arbitrators, One chosen by the Government of Ontario, One by the Gov-

ernment of Quebec, and One by the Government of Canada; and the Selection of the

Arbitrators shall not be made until the Parliament of Canada and the Legislatures of

Ontario and Quebec have met; and the Arbitrator chosen by the Government of

Canada shall not be a Resident either in Ontario or in Quebec.

(73)

Division of Records

143. The Governor General in Council may from Time to Time order that such

and so many of the Records, Books, and Documents of the Province of Canada as

he thinks fit shall be appropriated and delivered either to Ontario or to Quebec, and

the same shall thenceforth be the Property of that Province; and any Copy thereof or

Extract therefrom, duly certified by the Officer having charge of the Original there-

of, shall be admitted as Evidence.

(74)

Constitution of Townships in Quebec

144. The Lieutenant Governor of Quebec may from Time to Time, by Proclama-

tion under the Great Seal of the Province, to take effect from a Day to be appointed

therein, constitute Townships in those Parts of the Province of Quebec in which

Townships are not then already constituted, and fix the Metes and Bounds thereof.

X. INTERCOLONIAL RAILWAY

145. Repealed.

(75)

(73)

Spent. See pages (xi) and (xii) of the Public Accounts, 1902-1903.

(74)

Probably spent. Two orders were made under this section on January 24, 1868.

(75)

Repealed by the Statute Law Revision Act, 1893, 56-57 Vict., c. 14, (U.K.). The sec-

tion read as follows:

145. Inasmuch as the Provinces of Canada, Nova Scotia, and New Brunswick have joined in a Declaration

that the Construction of the Intercolonial Railway is essential to the Consolidation of the Union of British North

America, and to the Assent thereto of Nova Scotia and New Brunswick, and have consequently agreed that Pro-

vision should be made for its immediate Construction by the Government of Canada; Therefore, in order to give

effect to that Agreement, it shall be the Duty of the Government and Parliament of Canada to provide for the

Commencement, within Six Months after the Union, of a Railway connecting the River St. Lawrence with the

City of Halifax in Nova Scotia, and for the Construction thereof without Intermission, and the Completion there-

of with all practicable Speed.

Constitution Act, 1867

XI. ADMISSION OF OTHER COLONIES

Power to admit Newfoundland, etc., into the Union

146. It shall be lawful for the Queen, by and with the Advice of Her Majesty’s

Most Honourable Privy Council, on Addresses from the Houses of the Parliament of

Canada, and from the Houses of the respective Legislatures of the Colonies or

Provinces of Newfoundland, Prince Edward Island, and British Columbia, to admit

those Colonies or Provinces, or any of them, into the Union, and on Address from

the Houses of the Parliament of Canada to admit Rupert’s Land and the North-west-

ern Territory, or either of them, into the Union, on such Terms and Conditions in

each Case as are in the Addresses expressed and as the Queen thinks fit to approve,

subject to the Provisions of this Act; and the Provisions of any Order in Council in

that Behalf shall have effect as if they had been enacted by the Parliament of the

United Kingdom of Great Britain and Ireland.

(76)

As to Representation of Newfoundland and Prince Edward Island in Senate

147. In case of the Admission of Newfoundland and Prince Edward Island, or ei-

ther of them, each shall be entitled to a Representation in the Senate of Canada of

Four Members, and (notwithstanding anything in this Act) in case of the Admission

of Newfoundland the normal Number of Senators shall be Seventy-six and their

maximum Number shall be Eighty-two; but Prince Edward Island when admitted

shall be deemed to be comprised in the third of the Three Divisions into which

Canada is, in relation to the Constitution of the Senate, divided by this Act, and ac-

cordingly, after the Admission of Prince Edward Island, whether Newfoundland is

admitted or not, the Representation of Nova Scotia and New Brunswick in the Sen-

ate shall, as Vacancies occur, be reduced from Twelve to Ten Members respective-

ly, and the Representation of each of those Provinces shall not be increased at any

Time beyond Ten, except under the Provisions of this Act for the Appointment of

Three or Six additional Senators under the Direction of the Queen.

(77)

(76)

All territories mentioned in section 146 are now part of Canada. See footnote (6) to

section 5, above.

(77)

Spent. See footnotes (11), (12), (15), (16) and (17) to sections 21, 22, 26, 27 and 28,

above.

Constitution Act, 1867

THE FIRST SCHEDULE

(78)

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.

(78)

Spent. See Representation Act, R.S.O. 1990, c. R.26.

Constitution Act, 1867

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 (in-

cluding the Village of Kincardine), Greenock, Brant, Huron, Kinloss, Cul-

ross, 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, Ade-

laide, and Lobo.

50. The West Riding to consist of the Townships of Delaware, Carradoc, Met-

calfe, Mosa and Ekfrid, and the Village of Strathroy.

Constitution Act, 1867

[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, War-

wick, 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, El-

lice, 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.

Constitution Act, 1867

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 Cale-

don (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, Bal-

aklava 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 respective-

ly 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 Ennis-

more, 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,

Constitution Act, 1867

Otonabee, and Snowden, and the Village of Ashburnham, and any other sur-

veyed 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 Syd-

ney, 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, Adolphus-

town, 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, Bar-

rie, 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, West-

meath, 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 Town-

ships lying North-westerly of the said North Riding.

Every Town and incorporated Village existing at the Union, not especially men-

tioned in this Schedule, is to be taken as Part of the County or Riding within which

it is locally situate.

Constitution Act, 1867

THE SECOND SCHEDULE

ELECTORAL DISTRICTS OF QUEBEC SPECIALLY FIXED

COUNTIES OF —

Pontiac.

Ottawa.

Argenteuil.

Huntingdon.

Missisquoi.

Brome.

Shefford.

Stanstead.

Compton.

Wolfe and Richmond.

Megantic.

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 Legisla-

tures 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.

Constitution Act, 1867

THE FOURTH SCHEDULE

ASSETS TO BE THE PROPERTY OF ONTARIO AND QUEBEC CONJOINTLY

Upper Canada Building Fund.

Lunatic Asylums.

Normal School.

Court Houses in

Lower Canada.

Aylmer,

Montreal,

Kamouraska,

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 Ben-

efit 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 thou-

sand Dollars over and above all Rents, Dues, Debts, Mortgages, Charges, and In-

Constitution Act, 1867

cumbrances 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 be-

come 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

(79)

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 refin-

ing a synthetic equivalent of crude oil; and

(b) production from a forestry resource is primary production therefrom if it con-

sists of sawlogs, poles, lumber, wood chips, sawdust or any other primary wood

product, or wood pulp, and is not a product manufactured from wood.

(79)

As enacted by section 51 of the Constitution Act, 1982.

CONSTITUTION ACT, 1982

(80)

PART I

CANADIAN CHARTER OF RIGHTS AND FREEDOMS

Whereas Canada is founded upon principles that recognize the supremacy of

God and the rule of law:

GUARANTEE OF RIGHTS AND FREEDOMS

Rights and freedoms in Canada

1. The Canadian Charter of Rights and Freedoms guarantees the rights and free-

doms set out in it subject only to such reasonable limits prescribed by law as can be

demonstrably justified in a free and democratic society.

FUNDAMENTAL FREEDOMS

Fundamental freedoms

2. Everyone has the following fundamental freedoms:

(a) freedom of conscience and religion;

(b) freedom of thought, belief, opinion and expression, including freedom of the

press and other media of communication;

(d) freedom of association.

(80)

Enacted as Schedule B to the Canada Act 1982, 1982, c. 11 (U.K.), which came into

force on April 17, 1982. The Canada Act 1982, other than Schedules A and B thereto,

reads as follows:

An Act to give effect to a request by the Senate and House of Commons of Canada

Whereas Canada has requested and consented to the enactment of an Act of the Parliament of the United King-

dom to give effect to the provisions hereinafter set forth and the Senate and the House of Commons of Canada in

Parliament assembled have submitted an address to Her Majesty requesting that Her Majesty may graciously be

pleased to cause a Bill to be laid before the Parliament of the United Kingdom for that purpose.

Be it therefore enacted by the Queen’s Most Excellent Majesty, by and with the advice and consent of the

Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the

same, as follows:

1. The Constitution Act, 1982 set out in Schedule B to this Act is hereby enacted for and shall have the force

of law in Canada and shall come into force as provided in that Act.

2. No Act of the Parliament of the United Kingdom passed after the Constitution Act, 1982 comes into force

shall extend to Canada as part of its law.

3. So far as it is not contained in Schedule B, the French version of this Act is set out in Schedule A to this

Act and has the same authority in Canada as the English version thereof.

4. This Act may be cited as the Canada Act 1982.

Constitution Act, 1982

DEMOCRATIC RIGHTS

Democratic rights of citizens

3. Every citizen of Canada has the right to vote in an election of members of the

House of Commons or of a legislative assembly and to be qualified for membership

therein.

Maximum duration of legislative bodies

4. (1) No House of Commons and no legislative assembly shall continue for

longer than five years from the date fixed for the return of the writs at a general

election of its members.

(81)

Continuation in special circumstances

(2) In time of real or apprehended war, invasion or insurrection, a House of

Commons may be continued by Parliament and a legislative assembly may be con-

tinued by the legislature beyond five years if such continuation is not opposed by

the votes of more than one-third of the members of the House of Commons or the

legislative assembly, as the case may be.

(82)

Annual sitting of legislative bodies

5. There shall be a sitting of Parliament and of each legislature at least once ev-

ery twelve months.

(83)

MOBILITY RIGHTS

Mobility of citizens

6. (1) Every citizen of Canada has the right to enter, remain in and leave

Canada.

Rights to move and gain livelihood

(2) Every citizen of Canada and every person who has the status of a permanent

resident of Canada has the right

(a) to move to and take up residence in any province; and

(b) to pursue the gaining of a livelihood in any province.

(81)

See section 50, and footnotes (40) and (42) to sections 85 and 88, of the Constitution

Act, 1867.

(82)

Replaces part of Class 1 of section 91 of the Constitution Act, 1867, which was re-

pealed as set out in subitem 1(3) of the schedule to the Constitution Act, 1982.

(83)

See footnotes (10), (41) and (42) to sections 20, 86 and 88 of the Constitution Act,

1867.

Constitution Act, 1982

Limitation

(3) The rights specified in subsection (2) are subject to

(a) any laws or practices of general application in force in a province other than

those that discriminate among persons primarily on the basis of province of

present or previous residence; and

(b) any laws providing for reasonable residency requirements as a qualification

for the receipt of publicly provided social services.

Affirmative action programs

(4) Subsections (2) and (3) do not preclude any law, program or activity that has

as its object the amelioration in a province of conditions of individuals in that

province who are socially or economically disadvantaged if the rate of employment

in that province is below the rate of employment in Canada.

LEGAL RIGHTS

Life, liberty and security of person

7. Everyone has the right to life, liberty and security of the person and the right

not to be deprived thereof except in accordance with the principles of fundamental

justice.

Search or seizure

8. Everyone has the right to be secure against unreasonable search or seizure.

Detention or imprisonment

9. Everyone has the right not to be arbitrarily detained or imprisoned.

Arrest or detention

10. Everyone has the right on arrest or detention

(a) to be informed promptly of the reasons therefor;

(b) to retain and instruct counsel without delay and to be informed of that right;

and

to be released if the detention is not lawful.

Proceedings in criminal and penal matters

11. Any person charged with an offence has the right

(a) to be informed without unreasonable delay of the specific offence;

(b) to be tried within a reasonable time;

Constitution Act, 1982

spect of the offence;

(d) to be presumed innocent until proven guilty according to law in a fair and

public hearing by an independent and impartial tribunal;

(e) not to be denied reasonable bail without just cause;

(f) except in the case of an offence under military law tried before a military tri-

bunal, to the benefit of trial by jury where the maximum punishment for the of-

fence is imprisonment for five years or a more severe punishment;

(g) not to be found guilty on account of any act or omission unless, at the time of

the act or omission, it constituted an offence under Canadian or international law

or was criminal according to the general principles of law recognized by the com-

munity of nations;

(h) if finally acquitted of the offence, not to be tried for it again and, if finally

found guilty and punished for the offence, not to be tried or punished for it again;

and

(i) if found guilty of the offence and if the punishment for the offence has been

varied between the time of commission and the time of sentencing, to the benefit

of the lesser punishment.

Treatment or punishment

12. Everyone has the right not to be subjected to any cruel and unusual treatment

or punishment.

Self-crimination

13. A witness who testifies in any proceedings has the right not to have any in-

criminating evidence so given used to incriminate that witness in any other proceed-

ings, except in a prosecution for perjury or for the giving of contradictory evidence.

Interpreter

14. A party or witness in any proceedings who does not understand or speak the

language in which the proceedings are conducted or who is deaf has the right to the

assistance of an interpreter.

EQUALITY RIGHTS

Equality before and under law and equal protection and benefit of law

15. (1) Every individual is equal before and under the law and has the right to

the equal protection and equal benefit of the law without discrimination and, in par-

ticular, without discrimination based on race, national or ethnic origin, colour, reli-

gion, sex, age or mental or physical disability.

Constitution Act, 1982

Affirmative action programs

(2) Subsection (1) does not preclude any law, program or activity that has as its

object the amelioration of conditions of disadvantaged individuals or groups includ-

ing those that are disadvantaged because of race, national or ethnic origin, colour,

religion, sex, age or mental or physical disability.

(84)

OFFICIAL LANGUAGES OF CANADA

Official languages of Canada

16. (1) English and French are the official languages of Canada and have equali-

ty of status and equal rights and privileges as to their use in all institutions of the

Parliament and government of Canada.

Official languages of New Brunswick

(2) English and French are the official languages of New Brunswick and have

equality of status and equal rights and privileges as to their use in all institutions of

the legislature and government of New Brunswick.

Advancement of status and use

(3) Nothing in this Charter limits the authority of Parliament or a legislature to

advance the equality of status or use of English and French.

English and French linguistic communities in New Brunswick

16.1 (1) The English linguistic community and the French linguistic community

in New Brunswick have equality of status and equal rights and privileges, including

the right to distinct educational institutions and such distinct cultural institutions as

are necessary for the preservation and promotion of those communities.

Role of the legislature and government of New Brunswick

(2) The role of the legislature and government of New Brunswick to preserve

and promote the status, rights and privileges referred to in subsection (1) is af-

firmed.

(85)

(84)

Subsection 32(2) provides that section 15 shall not have effect until three years af-

ter section 32 comes into force. Section 32 came into force on April 17, 1982; therefore,

section 15 had effect on April 17, 1985.

(85)

Section 16.1 was added by the Constitution Amendment, 1993 (New Brunswick) (see

SI/93-54).

Constitution Act, 1982

Proceedings of Parliament

17. (1) Everyone has the right to use English or French in any debates and other

proceedings of Parliament.

(86)

Proceedings of New Brunswick legislature

(2) Everyone has the right to use English or French in any debates and other pro-

ceedings of the legislature of New Brunswick.

(87)

Parliamentary statutes and records

18. (1) The statutes, records and journals of Parliament shall be printed and pub-

lished in English and French and both language versions are equally authoritative.

(88)

New Brunswick statutes and records

(2) The statutes, records and journals of the legislature of New Brunswick shall

be printed and published in English and French and both language versions are

equally authoritative.

(89)

Proceedings in courts established by Parliament

19. (1) Either English or French may be used by any person in, or in any plead-

ing in or process issuing from, any court established by Parliament.

(90)

Proceedings in New Brunswick courts

(2) Either English or French may be used by any person in, or in any pleading in

or process issuing from, any court of New Brunswick.

(91)

Communications by public with federal institutions

20. (1) Any member of the public in Canada has the right to communicate with,

and to receive available services from, any head or central office of an institution of

the Parliament or government of Canada in English or French, and has the same

right with respect to any other office of any such institution where

(86)

See section 133 of the Constitution Act, 1867 and footnote (67).

(87)

Ibid.

(88)

Ibid.

(89)

Ibid.

(90)

Ibid.

(91)

Ibid.

Constitution Act, 1982

(a) there is a significant demand for communications with and services from that

office in such language; or

(b) due to the nature of the office, it is reasonable that communications with and

services from that office be available in both English and French.

Communications by public with New Brunswick institutions

(2) Any member of the public in New Brunswick has the right to communicate

with, and to receive available services from, any office of an institution of the legis-

lature or government of New Brunswick in English or French.

Continuation of existing constitutional provisions

21. Nothing in sections 16 to 20 abrogates or derogates from any right, privilege

or obligation with respect to the English and French languages, or either of them,

that exists or is continued by virtue of any other provision of the Constitution of

Canada.

(92)

Rights and privileges preserved

22. Nothing in sections 16 to 20 abrogates or derogates from any legal or cus-

tomary right or privilege acquired or enjoyed either before or after the coming into

force of this Charter with respect to any language that is not English or French.

MINORITY LANGUAGE EDUCATIONAL RIGHTS

Language of instruction

23. (1) Citizens of Canada

(a) whose first language learned and still understood is that of the English or

French linguistic minority population of the province in which they reside, or

(b) who have received their primary school instruction in Canada in English or

French and reside in a province where the language in which they received that

instruction is the language of the English or French linguistic minority population

of the province,

have the right to have their children receive primary and secondary school instruc-

tion in that language in that province.

(93)

Continuity of language instruction

(2) Citizens of Canada of whom any child has received or is receiving primary or

secondary school instruction in English or French in Canada, have the right to have

(92)

See, for example, section 133 of the Constitution Act, 1867 and the reference to the

Manitoba Act, 1870 in footnote (67) to that section.

(93)

Paragraph 23(1)(a) is not in force in respect of Quebec. See section 59, below.

Constitution Act, 1982

all their children receive primary and secondary school instruction in the same lan-

guage.

Application where numbers warrant

(3) The right of citizens of Canada under subsections (1) and (2) to have their

children receive primary and secondary school instruction in the language of the

English or French linguistic minority population of a province

(a) applies wherever in the province the number of children of citizens who have

such a right is sufficient to warrant the provision to them out of public funds of

minority language instruction; and

(b) includes, where the number of those children so warrants, the right to have

them receive that instruction in minority language educational facilities provided

out of public funds.

ENFORCEMENT

Enforcement of guaranteed rights and freedoms

24. (1) Anyone whose rights or freedoms, as guaranteed by this Charter, have

been infringed or denied may apply to a court of competent jurisdiction to obtain

such remedy as the court considers appropriate and just in the circumstances.

Exclusion of evidence bringing administration of justice into disrepute

(2) Where, in proceedings under subsection (1), a court concludes that evidence

was obtained in a manner that infringed or denied any rights or freedoms guaranteed

by this Charter, the evidence shall be excluded if it is established that, having regard

to all the circumstances, the admission of it in the proceedings would bring the ad-

ministration of justice into disrepute.

Constitution Act, 1982

GENERAL

Aboriginal rights and freedoms not affected by Charter

25. The guarantee in this Charter of certain rights and freedoms shall not be con-

strued so as to abrogate or derogate from any aboriginal, treaty or other rights or

freedoms that pertain to the aboriginal peoples of Canada including

(a) any rights or freedoms that have been recognized by the Royal Proclamation

of October 7, 1763; and

(b) any rights or freedoms that now exist by way of land claims agreements or

may be so acquired.

(94)

Other rights and freedoms not affected by Charter

26. The guarantee in this Charter of certain rights and freedoms shall not be con-

strued as denying the existence of any other rights or freedoms that exist in Canada.

Multicultural heritage

27. This Charter shall be interpreted in a manner consistent with the preservation

and enhancement of the multicultural heritage of Canadians.

Rights guaranteed equally to both sexes

28. Notwithstanding anything in this Charter, the rights and freedoms referred to

in it are guaranteed equally to male and female persons.

Rights respecting certain schools preserved

29. Nothing in this Charter abrogates or derogates from any rights or privileges

guaranteed by or under the Constitution of Canada in respect of denominational,

separate or dissentient schools.

(95)

Application to territories and territorial authorities

30. A reference in this Charter to a province or to the legislative assembly or leg-

islature of a province shall be deemed to include a reference to the Yukon Territory

and the Northwest Territories, or to the appropriate legislative authority thereof, as

the case may be.

(94)

Paragraph 25(b) was repealed and re-enacted by the Constitution Amendment

Proclamation, 1983 (see SI/84-102). Paragraph 25(b) originally read as follows:

(b) any rights or freedoms that may be acquired by the aboriginal peoples of Canada by way of land claims

settlement.

(95)

See section 93 of the Constitution Act, 1867 and footnote (50).

Constitution Act, 1982

Legislative powers not extended

31. Nothing in this Charter extends the legislative powers of any body or authori-

ty.

APPLICATION OF CHARTER

Application of Charter

32. (1) This Charter applies

(a) to the Parliament and government of Canada in respect of all matters within

the authority of Parliament including all matters relating to the Yukon Territory

and Northwest Territories; and

(b) to the legislature and government of each province in respect of all matters

within the authority of the legislature of each province.

Exception

(2) Notwithstanding subsection (1), section 15 shall not have effect until three

years after this section comes into force.

Exception where express declaration

33. (1) Parliament or the legislature of a province may expressly declare in an

Act of Parliament or of the legislature, as the case may be, that the Act or a provi-

sion thereof shall operate notwithstanding a provision included in section 2 or sec-

tions 7 to 15 of this Charter.

Operation of exception

(2) An Act or a provision of an Act in respect of which a declaration made under

this section is in effect shall have such operation as it would have but for the provi-

sion of this Charter referred to in the declaration.

Five year limitation

(3) A declaration made under subsection (1) shall cease to have effect five years

after it comes into force or on such earlier date as may be specified in the declara-

tion.

Re-enactment

(4) Parliament or the legislature of a province may re-enact a declaration made

under subsection (1).

Five year limitation

(5) Subsection (3) applies in respect of a re-enactment made under subsec-

tion (4).

Constitution Act, 1982

CITATION

Citation

34. This Part may be cited as the Canadian Charter of Rights and Freedoms.

PART II

RIGHTS OF THE ABORIGINAL PEOPLES OF CANADA

Recognition of existing aboriginal and treaty rights

35. (1) The existing aboriginal and treaty rights of the aboriginal peoples of

Canada are hereby recognized and affirmed.

Definition of “aboriginal peoples of Canada”

(2) In this Act, “aboriginal peoples of Canada” includes the Indian, Inuit and

Métis peoples of Canada.

Land claims agreements

(3) For greater certainty, in subsection (1) “treaty rights” includes rights that now

exist by way of land claims agreements or may be so acquired.

Aboriginal and treaty rights are guaranteed equally to both sexes

(4) Notwithstanding any other provision of this Act, the aboriginal and treaty

rights referred to in subsection (1) are guaranteed equally to male and female per-

sons.

(96)

Commitment to participation in constitutional conference

35.1 The government of Canada and the provincial governments are committed

to the principle that, before any amendment is made to Class 24 of section 91 of the

“Constitution Act, 1867”, to section 25 of this Act or to this Part,

(a) a constitutional conference that includes in its agenda an item relating to the

proposed amendment, composed of the Prime Minister of Canada and the first

ministers of the provinces, will be convened by the Prime Minister of Canada;

and

(b) the Prime Minister of Canada will invite representatives of the aboriginal

peoples of Canada to participate in the discussions on that item.

(97)

(96)

Subsections 35(3) and (4) were added by the Constitution Amendment Proclama-

tion, 1983 (see SI/84-102).

(97)

Section 35.1 was added by the Constitution Amendment Proclamation, 1983 (see SI/

84-102).

Constitution Act, 1982

PART III

EQUALIZATION AND REGIONAL DISPARITIES

Commitment to promote equal opportunities

36. (1) Without altering the legislative authority of Parliament or of the provin-

cial legislatures, or the rights of any of them with respect to the exercise of their

legislative authority, Parliament and the legislatures, together with the government

of Canada and the provincial governments, are committed to

(a) promoting equal opportunities for the well-being of Canadians;

(b) furthering economic development to reduce disparity in opportunities; and

Commitment respecting public services

(2) Parliament and the government of Canada are committed to the principle of

making equalization payments to ensure that provincial governments have sufficient

revenues to provide reasonably comparable levels of public services at reasonably

comparable levels of taxation.

(98)

PART IV

CONSTITUTIONAL CONFERENCE

37. Repealed.

(99)

(98)

See footnotes (58) and (59) to sections 114 and 118 of the Constitution Act, 1867.

(99)

Section 54 of the Constitution Act, 1982 provided for the repeal of Part IV (sec-

tion 37) one year after Part VII came into force. Part VII came into force on April 17,

1982 repealing Part IV on April 17, 1983. Section 37 read as follows:

37. (1) A constitutional conference composed of the Prime Minister of Canada and the first ministers of the

provinces shall be convened by the Prime Minister of Canada within one year after this Part comes into force.

(2) The conference convened under subsection (1) shall have included in its agenda an item respecting consti-

tutional matters that directly affect the aboriginal peoples of Canada, including the identification and definition

of the rights of those peoples to be included in the Constitution of Canada, and the Prime Minister of Canada

shall invite representatives of those peoples to participate in the discussions on that item.

(3) The Prime Minister of Canada shall invite elected representatives of the governments of the Yukon Terri-

tory and the Northwest Territories to participate in the discussions on any item on the agenda of the conference

convened under subsection (1) that, in the opinion of the Prime Minister, directly affects the Yukon Territory and

the Northwest Territories.

Constitution Act, 1982

PART IV.I

CONSTITUTIONAL CONFERENCES

37.1 Repealed.

(100)

PART V

PROCEDURE FOR AMENDING CONSTITUTION OF CANADA

(101)

General procedure for amending Constitution of Canada

38. (1) An amendment to the Constitution of Canada may be made by proclama-

tion issued by the Governor General under the Great Seal of Canada where so au-

thorized by

(a) resolutions of the Senate and House of Commons; and

(b) resolutions of the legislative assemblies of at least two-thirds of the provinces

that have, in the aggregate, according to the then latest general census, at least

fifty per cent of the population of all the provinces.

Majority of members

(2) An amendment made under subsection (1) that derogates from the legislative

powers, the proprietary rights or any other rights or privileges of the legislature or

government of a province shall require a resolution supported by a majority of the

(100)

Part IV.1 (section 37.1), which was added by the Constitution Amendment Procla-

mation, 1983 (see SI/84-102), was repealed on April 18, 1987 by section 54.1 of the Con-

stitution Act, 1982. Section 37.1 read as follows:

37.1 (1) In addition to the conference convened in March 1983, at least two constitutional conferences com-

posed of the Prime Minister of Canada and the first ministers of the provinces shall be convened by the Prime

Minister of Canada, the first within three years after April 17, 1982 and the second within five years after that

date.

(2) Each conference convened under subsection (1) shall have included in its agenda constitutional matters

that directly affect the aboriginal peoples of Canada, and the Prime Minister of Canada shall invite representa-

tives of those peoples to participate in the discussions on those matters.

(3) The Prime Minister of Canada shall invite elected representatives of the governments of the Yukon Terri-

tory and the Northwest Territories to participate in the discussions on any item on the agenda of a conference

convened under subsection (1) that, in the opinion of the Prime Minister, directly affects the Yukon Territory and

the Northwest Territories.

(4) Nothing in this section shall be construed so as to derogate from subsection 35(1).

(101)

Prior to the enactment of Part V, certain provisions of the Constitution of Canada

and the provincial constitutions could be amended pursuant to the Constitution Act,

1867. See footnotes (44) and (48) to section 91, Class 1 and section 92, Class 1 of that

Act, respectively. Other amendments to the Constitution could only be made by

enactment of the Parliament of the United Kingdom.

Constitution Act, 1982

members of each of the Senate, the House of Commons and the legislative assem-

blies required under subsection (1).

Expression of dissent

(3) An amendment referred to in subsection (2) shall not have effect in a

province the legislative assembly of which has expressed its dissent thereto by reso-

lution supported by a majority of its members prior to the issue of the proclamation

to which the amendment relates unless that legislative assembly, subsequently, by

resolution supported by a majority of its members, revokes its dissent and autho-

rizes the amendment.

Revocation of dissent

(4) A resolution of dissent made for the purposes of subsection (3) may be re-

voked at any time before or after the issue of the proclamation to which it relates.

Restriction on proclamation

39. (1) A proclamation shall not be issued under subsection 38(1) before the ex-

piration of one year from the adoption of the resolution initiating the amendment

procedure thereunder, unless the legislative assembly of each province has previ-

ously adopted a resolution of assent or dissent.

Idem

(2) A proclamation shall not be issued under subsection 38(1) after the expiration

of three years from the adoption of the resolution initiating the amendment proce-

dure thereunder.

Compensation

40. Where an amendment is made under subsection 38(1) that transfers provin-

cial legislative powers relating to education or other cultural matters from provincial

legislatures to Parliament, Canada shall provide reasonable compensation to any

province to which the amendment does not apply.

Amendment by unanimous consent

41. An amendment to the Constitution of Canada in relation to the following

matters may be made by proclamation issued by the Governor General under the

Great Seal of Canada only where authorized by resolutions of the Senate and House

of Commons and of the legislative assembly of each province:

(a) the office of the Queen, the Governor General and the Lieutenant Governor

of a province;

(b) the right of a province to a number of members in the House of Commons

not less than the number of Senators by which the province is entitled to be repre-

sented at the time this Part comes into force;

Constitution Act, 1982

(d) the composition of the Supreme Court of Canada; and

(e) an amendment to this Part.

Amendment by general procedure

42. (1) An amendment to the Constitution of Canada in relation to the following

matters may be made only in accordance with subsection 38(1):

(a) the principle of proportionate representation of the provinces in the House of

Commons prescribed by the Constitution of Canada;

(b) the powers of the Senate and the method of selecting Senators;

the Senate and the residence qualifications of Senators;

(d) subject to paragraph 41(d), the Supreme Court of Canada;

(e) the extension of existing provinces into the territories; and

(f) notwithstanding any other law or practice, the establishment of new

provinces.

Exception

(2) Subsections 38(2) to (4) do not apply in respect of amendments in relation to

matters referred to in subsection (1).

Amendment of provisions relating to some but not all provinces

43. An amendment to the Constitution of Canada in relation to any provision that

applies to one or more, but not all, provinces, including

(a) any alteration to boundaries between provinces, and

(b) any amendment to any provision that relates to the use of the English or the

French language within a province,

may be made by proclamation issued by the Governor General under the Great Seal

of Canada only where so authorized by resolutions of the Senate and House of

Commons and of the legislative assembly of each province to which the amendment

applies.

Amendments by Parliament

44. Subject to sections 41 and 42, Parliament may exclusively make laws amend-

ing the Constitution of Canada in relation to the executive government of Canada or

the Senate and House of Commons.

Constitution Act, 1982

Amendments by provincial legislatures

45. Subject to section 41, the legislature of each province may exclusively make

laws amending the constitution of the province.

Initiation of amendment procedures

46. (1) The procedures for amendment under sections 38, 41, 42 and 43 may be

initiated either by the Senate or the House of Commons or by the legislative assem-

bly of a province.

Revocation of authorization

(2) A resolution of assent made for the purposes of this Part may be revoked at

any time before the issue of a proclamation authorized by it.

Amendments without Senate resolution

47. (1) An amendment to the Constitution of Canada made by proclamation un-

der section 38, 41, 42 or 43 may be made without a resolution of the Senate autho-

rizing the issue of the proclamation if, within one hundred and eighty days after the

adoption by the House of Commons of a resolution authorizing its issue, the Senate

has not adopted such a resolution and if, at any time after the expiration of that peri-

od, the House of Commons again adopts the resolution.

Computation of period

(2) Any period when Parliament is prorogued or dissolved shall not be counted

in computing the one hundred and eighty day period referred to in subsection (1).

Advice to issue proclamation

48. The Queen’s Privy Council for Canada shall advise the Governor General to

issue a proclamation under this Part forthwith on the adoption of the resolutions re-

quired for an amendment made by proclamation under this Part.

Constitutional conference

49. A constitutional conference composed of the Prime Minister of Canada and

the first ministers of the provinces shall be convened by the Prime Minister of

Canada within fifteen years after this Part comes into force to review the provisions

of this Part.

(102)

A First Ministers Meeting was held June 20-21, 1996.

Constitution Act, 1982

PART VI

AMENDMENT TO THE CONSTITUTION ACT, 1867

50.

(103)

51.

(104)

PART VII

GENERAL

Primacy of Constitution of Canada

52. (1) The Constitution of Canada is the supreme law of Canada, and any law

that is inconsistent with the provisions of the Constitution is, to the extent of the in-

consistency, of no force or effect.

Constitution of Canada

(2) The Constitution of Canada includes

(a) the Canada Act 1982, including this Act;

(b) the Acts and orders referred to in the schedule; and

Amendments to Constitution of Canada

(3) Amendments to the Constitution of Canada shall be made only in accordance

with the authority contained in the Constitution of Canada.

Repeals and new names

53. (1) The enactments referred to in Column I of the schedule are hereby re-

pealed or amended to the extent indicated in Column II thereof and, unless repealed,

shall continue as law in Canada under the names set out in Column III thereof.

Consequential amendments

(2) Every enactment, except the Canada Act 1982, that refers to an enactment re-

ferred to in the schedule by the name in Column I thereof is hereby amended by

substituting for that name the corresponding name in Column III thereof, and any

British North America Act not referred to in the schedule may be cited as the Con-

stitution Act followed by the year and number, if any, of its enactment.

(103)

The text of this amendment is set out in the Constitution Act, 1867, as section 92A.

(104)

The text of this amendment is set out in the Constitution Act, 1867, as the Sixth

Schedule.

Constitution Act, 1982

Repeal and consequential amendments

54. Part IV is repealed on the day that is one year after this Part comes into force

and this section may be repealed and this Act renumbered, consequentially upon the

repeal of Part IV and this section, by proclamation issued by the Governor General

under the Great Seal of Canada.

(105)

54.1 Repealed.

(106)

French version of Constitution of Canada

55. A French version of the portions of the Constitution of Canada referred to in

the schedule shall be prepared by the Minister of Justice of Canada as expeditiously

as possible and, when any portion thereof sufficient to warrant action being taken

has been so prepared, it shall be put forward for enactment by proclamation issued

by the Governor General under the Great Seal of Canada pursuant to the procedure

then applicable to an amendment of the same provisions of the Constitution of

Canada.

(107)

English and French versions of certain constitutional texts

56. Where any portion of the Constitution of Canada has been or is enacted in

English and French or where a French version of any portion of the Constitution is

enacted pursuant to section 55, the English and French versions of that portion of

the Constitution are equally authoritative.

English and French versions of this Act

57. The English and French versions of this Act are equally authoritative.

Commencement

58. Subject to section 59, this Act shall come into force on a day to be fixed by

proclamation issued by the Queen or the Governor General under the Great Seal of

Canada.

(108)

(105)

Part VII came into force on April 17, 1982 (see SI/82-97).

(106)

Section 54.1, which was added by the Constitution Amendment Proclamation, 1983

(see SI/84-102), provided for the repeal of Part IV.1 and section 54.1 on April 18, 1987.

Section 54.1 read as follows:

54.1 Part IV.1 and this section are repealed on April 18, 1987.

(107)

The French Constitutional Drafting Committee was established in 1984 with a

mandate to assist the Minister of Justice in that task. The Committee’s Final Report

was tabled in Parliament in December 1990.

(108)

The Act, with the exception of paragraph 23(1)(a) in respect of Quebec, came into

force on April 17, 1982 by proclamation issued by the Queen (see SI/82-97).

Constitution Act, 1982

Commencement of paragraph

23(1)(a) in respect of Quebec

59. (1) Paragraph 23(1)(a) shall come into force in respect of Quebec on a day

to be fixed by proclamation issued by the Queen or the Governor General under the

Great Seal of Canada.

Authorization of Quebec

(2) A proclamation under subsection (1) shall be issued only where authorized

by the legislative assembly or government of Quebec.

(109)

Repeal of this section

(3) This section may be repealed on the day paragraph 23(1)(a) comes into force

in respect of Quebec and this Act amended and renumbered, consequentially upon

the repeal of this section, by proclamation issued by the Queen or the Governor

General under the Great Seal of Canada.

Short title and citations

60. This Act may be cited as the Constitution Act, 1982, and the Constitution

Acts 1867 to 1975 (No. 2) and this Act may be cited together as the Constitution

Acts, 1867 to 1982.

References

61. A reference to the “Constitution Acts, 1867 to 1982” shall be deemed to in-

clude a reference to the “Constitution Amendment Proclamation, 1983”.

(110)

(109)

No proclamation has been issued under section 59.

(110)

Section 61 was added by the Constitution Amendment Proclamation, 1983 (see SI/

84-102). See also section 3 of the Constitution Act, 1985 (Representation), S.C. 1986, c. 8,

Part I and the Constitution Amendment, 1987 (Newfoundland Act) (see SI/88-11).

Constitution Act, 1982

SCHEDULE TO THE CONSTITUTION ACT, 1982

(Section 53)

MODERNIZATION OF THE CONSTITUTION

Column I Column II Column III

Item Act Affected Amendment New Name

1. British North America Act,

1867, 30-31 Vict., c. 3 (U.K.)

(1) Section 1 is repealed and

the following substituted there-

for:

“1. This Act may be cited

as the Constitution Act, 1867.”

(2) Section 20 is repealed.

(3) Class 1 of section 91 is

repealed.

(4) Class 1 of section 92 is

repealed.

Constitution Act,

1867

2. An Act to amend and continue

the Act 32-33 Victoria

chapter 3; and to establish and

provide for the Government of

the Province of Manitoba, 1870,

33 Vict., c. 3 (Can.)

(1) The long title is repealed

and the following substituted

therefor:

“Manitoba Act, 1870.”

(2) Section 20 is repealed.

Manitoba Act, 1870

3. Order of Her Majesty in

Council admitting Rupert’s

Land and the North-Western

Territory into the union, dated

the 23rd day of June, 1870

Rupert’s Land and

North-Western

Territory Order

4. Order of Her Majesty in

Council admitting British

Columbia into the Union, dated

the 16th day of May, 1871.

British Columbia

Terms of Union

5. British North America Act,

1871, 34-35 Vict., c. 28 (U.K.)

Section 1 is repealed and the

following substituted therefor:

“1. This Act may be cited

as the Constitution Act, 1871.”

Constitution Act,

1871

6. Order of Her Majesty in

Council admitting Prince

Edward Island into the Union,

dated the 26th day of June,

1873.

Prince Edward

Island Terms of

Union

7. Parliament of Canada Act,

1875, 38-39 Vict., c. 38 (U.K.)

Parliament of

Canada Act, 1875

Constitution Act, 1982

Column I Column II Column III

Item Act Affected Amendment New Name

8. Order of Her Majesty in

Council admitting all British

possessions and Territories in

North America and islands

adjacent thereto into the Union,

dated the 31st day of July,

1880.

Adjacent Territories

Order

9. British North America Act,

1886, 49-50 Vict., c. 35 (U.K.)

Section 3 is repealed and the

following substituted therefor:

“3. This Act may be cited

as the Constitution Act, 1886.”

Constitution Act,

1886

10. Canada (Ontario Boundary)

Act, 1889, 52-53 Vict., c. 28

(U.K.)

Canada (Ontario

Boundary) Act,

1889

11. Canadian Speaker

(Appointment of Deputy) Act,

1895, 2nd Sess., 59 Vict., c. 3

(U.K.)

The Act is repealed.

12. The Alberta Act, 1905,

4-5 Edw. VII, c. 3 (Can.)

Alberta Act

13. The Saskatchewan Act, 1905,

4-5 Edw. VII, c. 42 (Can.)

Saskatchewan Act

14. British North America Act,

1907, 7 Edw. VII, c. 11 (U.K.)

Section 2 is repealed and the

following substituted therefor:

“2. This Act may be cited

as the Constitution Act, 1907.”

Constitution Act,

1907

15. British North America Act,

1915, 5-6 Geo. V, c. 45 (U.K.)

Section 3 is repealed and the

following substituted therefor:

“3. This Act may be cited

as the Constitution Act, 1915.”

Constitution Act,

1915

16. British North America Act,

1930, 20-21 Geo. V, c. 26

(U.K.)

Section 3 is repealed and the

following substituted therefor:

“3. This Act may be cited

as the Constitution Act, 1930.”

Constitution Act,

1930

17. Statute of Westminster, 1931,

22 Geo. V, c. 4 (U.K.)

In so far as they apply to

Canada,

(a) section 4 is repealed; and

(b) subsection 7(1) is re-

pealed.

Statute of

Westminster, 1931

18. British North America Act,

1940, 3-4 Geo. VI, c. 36 (U.K.)

Section 2 is repealed and the

following substituted therefor:

“2. This Act may be cited

as the Constitution Act, 1940.”

Constitution Act,

1940

Constitution Act, 1982

Column I Column II Column III

Item Act Affected Amendment New Name

19. British North America Act,

1943, 6-7 Geo. VI, c. 30 (U.K.)

The Act is repealed.

20. British North America Act,

1946, 9-10 Geo. VI, c. 63

(U.K.)

The Act is repealed.

21. British North America Act,

1949, 12-13 Geo. VI, c. 22

(U.K.)

Section 3 is repealed and the

following substituted therefor:

“3. This Act may be cited

as the Newfoundland Act.”

Newfoundland Act

22. British North America (No. 2)

Act, 1949, 13 Geo. VI, c. 81

(U.K.)

The Act is repealed.

23. British North America Act,

1951, 14-15 Geo. VI, c. 32

(U.K.)

The Act is repealed.

24. British North America Act,

1952, 1 Eliz. II, c. 15 (Can.)

The Act is repealed.

25. British North America Act,

1960, 9 Eliz. II, c. 2 (U.K.)

Section 2 is repealed and the

following substituted therefor:

“2. This Act may be cited

as the Constitution Act, 1960.”

Constitution Act,

1960

26. British North America Act,

1964, 12-13 Eliz. II, c. 73

(U.K.)

Section 2 is repealed and the

following substituted therefor:

“2. This Act may be cited

as the Constitution Act, 1964.”

Constitution Act,

1964

27. British North America Act,

1965, 14 Eliz. II, c. 4, Part I

(Can.)

Section 2 is repealed and the

following substituted therefor:

“2. This Part may be cited

as the Constitution Act, 1965.”

Constitution Act,

1965

28. British North America Act,

1974, 23 Eliz. II, c. 13, Part I

(Can.)

Section 3, as amended by

25-26 Eliz. II, c. 28, s. 38(1)

(Can.), is repealed and the fol-

lowing substituted therefor:

“3. This Part may be cited

as the Constitution Act, 1974.”

Constitution Act,

1974

29. British North America Act,

1975, 23-24 Eliz. II, c. 28,

Part I (Can.)

Section 3, as amended by

25-26 Eliz. II, c. 28, s. 31 (Can.),

is repealed and the following

substituted therefor:

“3. This Part may be cited

as the Constitution Act (No. 1),

1975.”

Constitution Act

(No. 1), 1975

Constitution Act, 1982

Column I Column II Column III

Item Act Affected Amendment New Name

30. British North America Act

(No. 2), 1975, 23-24 Eliz. II,

c. 53 (Can.)

Section 3 is repealed and the

following substituted therefor:

“3. This Act may be cited

as the Constitution Act (No. 2),

1975.”

Constitution Act

(No. 2), 1975

Constitution Acts, 1867 to 1982 — Endnotes

ENDNOTES

ENDNOTE 1

FURTHER DETAILS OF CONSTITUTION ACT, 1867, SECTION 5 [FOOTNOTE (6)]

The first territories added to the Union were Rupert’s Land and the North-Western

Territory (subsequently designated the Northwest Territories), which were admitted

pursuant to section 146 of the Constitution Act, 1867 and the Rupert’s Land Act, 1868,

31-32 Vict., c. 105 (U.K.), by the Rupert’s Land and North-Western Territory Order of

June 23, 1870, effective July 15, 1870. Prior to the admission of those territories, the

Parliament of Canada enacted An Act for the temporary Government of Rupert’s Land

and the North-Western Territory when united with Canada (32-33 Vict., c. 3), and the

Manitoba Act, 1870 (33 Vict., c. 3), which provided for the formation of the Province of

Manitoba.

British Columbia was admitted into the Union pursuant to section 146 of the Consti-

tution Act, 1867, by the British Columbia Terms of Union, being Order in Council of

May 16, 1871, effective July 20, 1871.

Prince Edward Island was admitted pursuant to section 146 of the Constitution Act,

1867, by the Prince Edward Island Terms of Union, being Order in Council of June 26,

1873, effective July 1, 1873.

On June 29, 1871, the United Kingdom Parliament enacted the Constitution Act,

1871 (34-35 Vict., c. 28) authorizing the creation of additional provinces out of territo-

ries not included in any province. Pursuant to this statute, the Parliament of Canada

enacted the Alberta Act (July 20, 1905, 4-5 Edw. VII, c. 3) and the Saskatchewan Act

(July 20, 1905, 4-5 Edw. VII, c. 42), providing for the creation of the provinces of Al-

berta and Saskatchewan, respectively. Both of these Acts came into force on Septem-

ber 1, 1905.

Meanwhile, all remaining British possessions and territories in North America and

the islands adjacent thereto, except the colony of Newfoundland and its dependencies,

were admitted into the Canadian Confederation by the Adjacent Territories Order, dat-

ed July 31, 1880.

The Parliament of Canada added portions of the Northwest Territories to the ad-

joining provinces in 1912 by The Ontario Boundaries Extension Act, S.C. 1912,

2 Geo. V, c. 40, The Quebec Boundaries Extension Act, 1912, 2 Geo. V, c. 45 and The

Manitoba Boundaries Extension Act, 1912, 2 Geo. V, c. 32, and further additions were

made to Manitoba by The Manitoba Boundaries Extension Act, 1930, 20-21 Geo. V,

c. 28.

The Yukon Territory was created out of the Northwest Territories in 1898 by The

Yukon Territory Act, 61 Vict., c. 6 (Can.).

Newfoundland was added on March 31, 1949, by the Newfoundland Act,

12-13 Geo. VI, c. 22 (U.K.), which ratified the Terms of Union of Newfoundland with

Canada.

Nunavut was