Consolidation
of the Constitution Acts, 1967 to 1982
Canada
DEPARTMENT OF JUSTICE
CONSOLIDATED AS OF OCTOBER 1, 1989
FOREWORD
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 enactment, and the text of the Constitution
Act, 1982, as amended by the Constitution Amendment Proclamation 1983. The Constitution Act, 1982 contains the Canadian Charter
of Rights and Freedoms and other new provisions, including the procedure for amending the Constitution of Canada.
The
Constitution Act, 1982 also contains a Schedule of repeals of certain constitutional enactments and provides for the renaming
of others. The British North America Act, 1949, for example, is renamed in the Schedule, 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 law
embodied in the Constitution Act, 1867 has been altered many times otherwise than by direct amendment, not only by the Parliament
of the United Kingdom, 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 with only such subsequent enactments as directly alter the text of the Act would therefor 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.
The various classes of enactments modifying
the text of the Constitution Act, 1867, have been dealt with as follows:
I. DIRECT
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Repealed provisions (e.g. section 2) have been deleted from the text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 provision
(e.g. section A) are included in the text.
4. SUBSTITUTIONS
Substituted provisions (e.g. section 18)
are included in the text, and the former provisions is quoted in a footnote.
II. INDIRECT
AMENDMENTS
1. ALTERATIONS BY UNITED KINGDOM PARLIAMENT
Provisions altered by the United Kingdom
Parliament otherwise than by direct 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 provisions 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 appropriate 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 legislatures of the provinces, either by virtue of specific authority
(e.g. sections 83, 84) or by virtue of head of section 92 (e.g. sections 70, 72), have been included in the text in their
original form, but the footnotes refer to the provincial enactments effecting the alteration. Amendments to provincial enactments
are not referred to: these may be readily found by consulting the indexes to provincial statutes. The enactments of the original
provinces only are referred to; there are corresponding enactments by the provinces created at a later date.
III. SPENT PROVISIONS
Footnote references are made to those sections that are spent
or are probably spent. For example, section 119 became spent by lapse of time and the footnote reference so indicates; on
the other hand, section 140 is probably spent, but short of examining all statutes passed before Confederation there would
be no way of ascertaining definitely whether or not the section is spent; the footnote reference therefore indicates the section
as being probably spent.
The enactments of the United Kingdom Parliament or the Parliament of Canada, and Orders
in Council admitting territories, referred to in the footnotes, may be found in Appendix II to the Revised Statutes of Canada,
1985, and in the annual volumes of the statutes of Canada.
The reader will notice inconsistencies in the capitalization
of nouns. It was originally the practice to capitalize the first letter of all nouns in British statutes and the Constitution
Act, 1867, was so written, but this practice was discontinued and was never followed in Canadian statutes. In the original
provisions included in this consolidation nouns are written as they were enacted.
* * * * * * * * * *
This
consolidation contains material prepared by the late Dr. E.A. Driedger, Q.C., which was last published by the Department of
Justice in 1986 under the title The Constitution Acts, 1867 to 1982. The material has been updated where necessary but the
Department gratefully acknowledges Dr. Driedger's earlier work.
THE CONSTITUTION ACT, 1867
30 & 31 VICTORIA, c. 3. (U.K.)
(CONSOLIDATES
WITH AMENDMENTS)
An Act for the Union of Canada, Nova Scotia, and New Vrunswick, and the Government
thereof; and for Purposes connected therewith
(29th March 1867.)
WHEREAS the Provinces of Canada,
Nova Scotia, and New Brunswick have expressed their Desire to be federally united into One Dominion under the Crown of the
United Kingdom of Great Britain and Ireland, with a Constitution similar in Principle to that of the United Kingdom:
And
whereas such a Union would conduce to the Welfare of the Provinces and promote the Interest of the British Empire:
And
whereas on the Establishment of the Union by Authority of Parliament it is expedient, not only that the Constitution of the
Legislative Authority in the Dominion be provided for, but also that the Nature of the Executive Government therein be declared:
And whereas it is expedient that Provision be made for the eventual Admission into the Union of other Parts of
British North America:
I. PRELIMINARY
SHORT TITLE
1.- This
Act may be cited as the Constitution Act, 1867.
2.- Repealed.
II. UNION
DECLARATION OF UNION
3.- It shall be lawful for the Queen, by and with the Advice of Her Majesty's
Most Honorable Privy Council, to declare by Proclamation that, on and after a Day therein appointed, not being more than six
Months after the passing of this Act, the Provinces of Canada, Nova Scotia, and New Brunswick shall form and be One Dominion
under the Name of Canada; and on and after that Day those Three Provinces shall form and be One Dominion under that Name accordingly.
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.
FOUR PROVINCES
5.- Canada shall be
divided into Four Provinces, named Ontario, Quebec, Nova Scotia, and New Brunswick.
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.
DECENNIAL CENSUS
8.- In the general Census of the Population of Canada which is hereby required to
be taken in the Year One thousand eight hundred and seventy-one, and in every Tenth Year thereafter, the respective Populations
of the Four Provinces shall be distinguished.
III. EXECUTIVE POWER
DECLARATION
OF EXECUTIVE POWER IN THE QUEEN
9.- The Executive Government and Authority of and over Canada is hereby declared to
continue and be vested in the Queen.
APPLICATION OF PROVISIONS REFERRING TO GOVERNOR GENERAL
10. The Provisions
of this Act referring to the Governor General extend and apply to the Governor General for the time being of Canada, or other
the Chief Executive Officer or Administrator for the Time being carrying on the Government of Canada on behalf and in the
Name of the Queen, by whatever Title he is designated.
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 Councilors, 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 Parliament of Great Britain, or of the Parliament of the United Kingdom of Great
Britain and Ireland, or of the Legislature of Upper Canada, Lower Canada, Canada, Nova Scotia, or New Brunswick, are at the
Union vested in or exercisable by the respective Governors or Lieutenant Governors of those Provinces, with the Advice, or
with the Advice and Consent, of the respective Executive Councils thereof, or in conjunction with those Councils, or with
any Number of Members thereof, or by those Governors or Lieutenant Governors individually, shall, as far as the same continue
in existence and capable of being exercised after the Union in relation to the Government of Canada, be vested in and exercisable
by the Governor General, with the Advice or with the Advice and Consent of or in conjunction with the Queen's Privy Council
for Canada, or any Members thereof, or by the Governor General individually, as the Case requires, subject nevertheless (except
with respect to such as exist under Acts of the Parliament of Great Britain or of the Parliament of the United Kingdom of
Great Britain or of the Parliament of the United Kingdom of Great Britain and Ireland) to be abolished or altered by the Parliament
of Canada.
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 General deems it necessary or expedient to assign to him or them, subject
to any Limitations or Directions expressed or given by the Queen; but the Appointment of such a Deputy or Deputies shall not
affect the Exercise by the governor General himself of any Power, Authority, or Function.
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, immunities, and powers
shall not confer any privileges, immunities, or powers exceeding those at the passing of such Act held, enjoyed, and exercised
by the Commons House of Parliament of the United Kingdom of Great Britain and Ireland, and by the members thereof.
FIRST
SESSION OF THE PARLIAMENT OF CANADA
19.- The Parliament of Canada shall be called together not later than Six Months
after the Union.
20.- Repealed.
THE SENATE
NUMBER OF SENATORS
21.- The Senate
shall, subject to the Provisions of this Act, consist of One Hundred and four Members, who shall be styled Senators.
REPRESENTATION
OF PROVINCES IN SENATE
22.- In relation to the Constitution of the Senate Canada shall be deemed to consist of Four
Divisions:-
1. Ontario;
2. Quebec;
3. The Maritime Provinces, Nova Scotia and New Brunswick, and
Prince Edward Island;
4. The Western Provinces of Manitoba, British Columbia, Saskatchewan, and Alberta;
which
Four Divisions shall (subject to the Provisions of this Act) be equally represented in the Senate as follows: Ontario by twenty-four
senators; Quebec by twenty-four senators; the Maritime Provinces and Prince Edward Island by twenty-four senators, ten thereof
representing Nova Scotia, ten thereof representing New Brunswick, and four thereof representing Prince Edward island; the
Western Provinces by twenty-four senators, six thereof representing Manitoba, six thereof representing British Columbia, six
thereof representing Saskatchewan, and six thereof representing Alberta; Newfoundland shall be entitled to be represented
in the Senate by six members; the Yukon Territory and the Northwest Territories shall be entitled to be represented in the
Senate by one member each.
In the Case of Quebec each of the Twenty-four Senators representing that Province shall
be appointed for One of the Twenty-four Electoral Divisions of Lower Canada specified in Schedule A. to Chapter One of the
Consolidated Statutes of Canada
QUALIFICATIONS OF SENATORS
23.- The Qualifications of a Senator shall
be as follows:
1. He shall be of that 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 kKingdom of Great Britain and Ireland, or of the Legislature of One of the Provinces of Upper Canada, Lower
Canada, Canada, Nova Scotia, or New Brunswick, before the Union, or of the Parliament of Canada after the Union:
3.
He shall be legally or equitably seised as of Freehold for his own Use and Benefit of Lands or Tenements held in Free and
Common Socage, or seised or possessed for his own Use and Benefit of lands or Tenements held in Franc-alleu or in Roture,
within the Province for which he is appointed, of the Value of Four thousand Dollars, over and above all Rents, Dues, Debts,
Charges, Mortgages, and Incumbrances due or payable out of or charged on or affecting the same:
4. His Real and
Personal Property shall be together worth Four thousand Dollars over and above his Debts and Liabilities:
5. He
shall be resident in the Province for which he is appointed:
6. In the Case of Quebec he shall have his Real Property
Qualification in the Electoral Division for which he is appointed, or shall be resident in that Division.
SUMMONS
OF SENATOR
24.- The Governor General shall from Time to Time, in the Queen's Name, by Instrument under the Great Seal
of Canada, summon qualified Persons to the Senate; and, subject to the Provisions of this Act, every Person so summoned shall
become and be a Member of the Senate and a Senator.
25.- Repealed.
ADDITION OF SENATORS IN CERTAIN
CASES
26.- If at any Time on the Recommendation of the Governor General the Queen thinks fit to direct that Four or
Eight Members be added to the Senate, the Governor General may by Summons to Four or Eight qualified Persons (as the Case
may be), representing equally the Four Divisions of Canada, add to the Senate accordingly.
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.
MAXIMUM NUMBER OF SENATORS
28.-
The Number of Senators shall not at any Time exceed One Hundred and twelve.
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.
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.
RESIGNATION OF PLACE IN SENATE
30.- A Senator may by Writing under his Hand addressed to the Governor General resign his Place in the Senate, and
thereupon the same shall be vacant.
DISQUALIFICATION OF SENATORS
31.- The Place of a Senator shall become
vacant in any of the following Cases:
1. If for Two consecutive Sessions of the Parliament he fails to give his
Attendance in the Senate:
2. If he takes an Oath or makes a Declaration or Acknowledgment of Allegiance, Obedience,
or Adherence to a Foreign Power, or does an Act whereby he becomes a Subject or Citizen, or entitled to the Rights or Privileges
of a Subject or Citizen, of a Foreign Power:
3. If he is adjudged Bankrupt or Insolvent, or applies for the Benefit
of any Law relating to Insolvent Debtors, or becomes a public Defaulter:
4. If he is attainted of Treason or convicted
of Felony or of any infamous Crime:
5. If he ceases to be qualified in respect of Property or of Residence; provided,
that a Senator shall not be deemed to have ceased to be qualified in respect of Residence by reason only of his residing at
the Seat of the Government of Canada while holding an Office under that Government requiring his Presence there.
SUMMONS
ON VACANCY IN SENATE
32.- When a Vacancy happens in the Senate by Resignation, Death, or otherwise, the Governor General
shall by Summons to a fit and qualified Person fill the Vacancy.
QUESTIONS AS TO QUALIFICATIONS AND VACANCIES
IN SENATE
33.- If any Question arises respecting the Qualification of a Senator or a Vacancy in the Senate the same
shall be heard and determined by the Senate.
APPOINTMENT OF SPEAKER OF SENATE
34.- The Governor General
may from Time to Time, by Instrument under the Great Seal of Canada, appoint a Senator to be Speaker of the Senate, and may
remove him and appoint another in his Stead.
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.- Question arising in the Senate shall
be decided by a Majority of Voices, and the Speaker shall in all Cases have a Vote, and when the Voices are equal the Decision
shall be deemed to be in the Negative.
THE HOUSE OF COMMONS
CONSTITUTION OF HOUSE OF COMMONS IN
CANADA
37.- The House of Commons shall, subject to the Provisions of this Act, consist of two hundred and ninety-five
members of whom ninety-nine shall be elected for Ontario, seventy-five for Quebec, eleven for Nova Scotia, ten for New Brunswick,
fourteen for Manitoba, thirty-two for British Columbia, four for Prince Edward Island, twenty-six for Alberta, fourteen for
Saskatchewan, seven for Newfoundland, one for the Yukon Territory and two for the Northwest Territories.
SUMMONING
OF HOUSE OF COMMONS
38.- The Governor General shall from Time to Time, in the Queen's Name, by Instrument under the
Great Seal of Canada, summon and call together the House of Commons.
SENATORS NOT TO SIT IN HOUSE OF COMMONS
39.-
A Senator shall not be capable of being elected or of sitting or voting as a Member of the House of Commons.
ELECTORAL
DISTRICTS OF THE FOUR PROVINCES
40.- Until the Parliament of Canada otherwise provides, Ontario, Quebec, Nova Scotia,
and New Brunswick shall, for the Purposes of the Election of Members to serve in the House of Commons, be divided into Electoral
Districts as follows:
1. - ONTARIO
Ontario shall be divided into the Counties, Ridings of Counties,
Cities, Parts of Cities, and Towns enumerated in the First Schedule to this Act, each whereof shall be an Electoral District,
each such District as numbered in that Schedule being entitled to return One Member.
2. - QUEBEC
Quebec
shall be divided into Sixty-five Electoral Districts, composed of the Sixty-five Electoral Divisions into which Lower Canada
is at the passing of this Act divided under Chapter Two of the Consolidated Statutes of Canada, Chapter Seventy-five of the
Consolidated Statutes for Lower Canada, and the Act of the Province of Canada of the Twenty-third Year of the Queen, Chapter
One, or any other Act amending the same in force at the Union, so that each such Electoral Division shall be for the Purposes
of this Act an Electoral District entitled to return One Member.
3. - NOVA SCOTIA
Each of the Eighteen
Counties of Nova Scotia shall be an Electoral District. The County of Halifax shall be entitled to return Two Members, and
each of the other Counties One Member.
4. - NEW BRUNSWICK
Each of the Fourteen Counties into which New
Brunswick is divided, including the City and County of St. John, shall be an Electoral District. The City of St. John shall
also be a separate Electoral District. Each of those Fifteen Electoral Districts shall be entitled to return One Member.
CONTINUANCE
OF EXISTING ELECTION LAWS UNTIL PARLIAMENT OF CANADA OTHERWISE PROVIDES
41.- Until the Parliament of Canada otherwise
provides, all Laws in force in the several Provinces at the Union relative to the following Matters or any of them, namely,
-the Qualifications and Disqualifications of Persons to be elected or to sit or vote as Members of the House of Assembly or
Legislative Assembly in the several Provinces, the Voters at Elections of such Members, the Oaths to be taken by Voters, the
Returning Officers, their Powers and Duties, the Proceedings at Elections, the Periods during which Election may be continued,
the Trial of controverted Elections, and proceedings incident thereto, the vacating of Seats of Members, and the Execution
of new Writs in case of Seats vacated otherwise than by Dissolution, -shall respectively apply to Elections of Members to
serve in the House of Commons for the same several Provinces.
Provided that, until the Parliament of Canada otherwise
provides, at any Election for a Member of the House of Commons for the District of Algoma, in addition to Persons qualified
by the law of the Province of Canada to vote, every Male British Subject, aged Twenty-one Years or upwards, being a Householder,
shall have a Vote.
42.- Repealed.
43.- Repealed.
AS TO ELECTION OF SPEAKER OF HOUSE OF
COMMONS
44.- The House of Commons on its first assembling after a General Election shall proceed with all practicable
Speed to elect One of its Members to be Speaker.
AS TO FILLING UP VACANCY IN OFFICE OF SPEAKER
45.- In
case of a Vacancy happening in the Office of Speaker by Death, Resignation, or otherwise, the House of Commons shall with
all practicable Speed proceed to elect another of its Members to be Speaker.
SPEAKER TO PRESIDE
46.- The
Speaker shall preside at all Meetings of the House of Commons.
PROVISION IN CASE OF ABSENCE OF SPEAKER
47.-
Until the Parliament of Canada otherwise provides, in case of the Absence for any Reason of the Speaker from the Chair of
the House of Commons for a Period of Forty-eight consecutive Hours, the House may elect another of its Members to act as Speaker,
and the Member so elected shall during the Continuance of such Absence of the Speaker have and execute all the Powers, Privileges,
and Duties of Speaker.
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.
READJUSTMENT OF REPRESENTATION IN COMMONS
51.- 1. The number of
members of the House of Commons and the representation of the provinces therein shall, on the coming into force of this subsection
and thereafter on the completion of each decennial census, be readjusted by such authority, in such manner, and from such
time as the Parliament of Canada from time to time provides, subject and according to the following rules:
Rules:
1. There shall be assigned to each of the provinces a number of members equal to the number obtained by dividing the
total population of the provinces by two hundred and seventy-nine and by dividing the population of each province by the quotient
so obtained, counting any remainder in excess of 0.50 as one after the said process of division.
2. If the total
number of members that would be assigned to a province by the application of rule is less than the total number assigned to
that province on the date of coming into force of this subsection, there shall be added to the number of members so assigned
such number of members as will result in the province having the same number of members as were assigned on that date.
Yukon
Territory and Northwest Territories
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 section 2 of chapter N-22 of the Revised Statutes of Canada, 1970, shall be entitled to two members.
CONSTITUTION
OF HOUSE OF COMMONS
a.- Notwithstanding anything in this Act a province shall always be entitled to a number of members
in the House of Commons not less than the number of senators representing such province.
INCREASE OF NUMBER OF
HOUSE OF COMMONS
52.- The Number of Members of the House of Commons may be from Time to Time increased by the Parliament
of Canada, provided the proportionate Representation of the Provinces prescribed by this Act is not thereby disturbed.
MONEY
VOTES; ROYAL ASSENT
APPROPRIATION AND TAX BILLS
53.- Bills for appropriating any Part of the Public Revenue,
or for imposing any Tax or Impost, shall originate in the House of Commons.
RECOMMENDATION OF MONEY VOTES
54.-
It shall not be lawful for the House of Commons to adopt or pass any Vote, Resolution, Address, or Bill for the Appropriation
of any Part of the Public Revenue, or of any Tax or Impost, to any Purpose that has not been first recommended to that House
by Message of the Governor General in the Session in which such Vote, Resolution, Address, or Bill is proposed.
ROYAL
ASSENT TO BILLS, ETC.
55.- Where a Bill passed by the Houses of the Parliament is presented to the Governor General
for the Queen's Assent, he shall declare, according to his Discretion, but subject to the Provisions of this Act and to Her
Majesty's Instructions either that he assents thereto in the Queen's Name, or that he withholds the Queen's Assent, or that
he reserves the Bill for the Signification of the Queen's Pleasure.
DISALLOWANCE BY ORDER IN COUNCIL OF ACT ASSENTED
TO BY GOVERNOR GENERAL
56.- Where the Governor General assents to a Bill in the Queen's Name, he shall by the first
convenient Opportunity send an authentic Copy of the Act to One of Her Majesty's Principal Secretaries of State, and if the
Queen in Council within Two Years after Receipt thereof by the Secretary of State thinks fit to disallow the Act, such Disallowance
(with a Certificate of the Secretary of State of the Day on which the Act was received by him) being signified by the Governor
General, by Speech or Message to each of the Houses of the Parliament or by Proclamation, shall annul the Act from and after
the Day of such Signification.
SIGNIFICATION OF QUEEN'S PLEASURE ON BILL RESERVED
57.- A Bill reserved
for the Signification of the Queen's Pleasure shall not have any Force unless and until, within Two Years from the Day on
which it was presented to the Governor General for the Queen's Assent, the Governor General Signifies, by Speech or Message
to each of the Houses of the Parliament or by Proclamation, that it has received the Assent of the Queen in Council.
An
Entry of every such Speech, Message, or Proclamation shall be made in the Journal of each House, and a Duplicate thereof duly
attested shall be delivered to the proper Officer to be kept among the Records of Canada.
V. PROVINCIAL CONSTITUTIONS
EXECUTIVE POWER
APPOINTMENT OF LIEUTENANT GOVERNORS
OF PROVINCES
58.- For each Province there shall be an Officer, styled the Lieutenant Governor, appointed by the Governor
General in Council by Instrument under the Grant 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 removable within Five Years from his
Appointment, except for Cause assigned, which shall be communicated to him in Writing within One Month after the Order for
his Removal is made, and shall be communicated by Message to the Senate and to the House of Commons within One Week thereafter
if the Parliament is then sitting, and if not then within One Week after the Commencement of the next Session of the Parliament.
SALARIES OF LIEUTENANT GOVERNORS
60.- The Salaries of the Lieutenant Governors shall be fixed and provided
by the Parliament of Canada.
OATHS, ETC., OF LIEUTENANT GOVERNOR
61.- Every Lieutenant Governor shall,
before assuming the Duties of his Office, make and subscribe before the Governor General or some Person authorized by him
Oaths of Allegiance and Office similar to those taken by the Governor General.
APPLICATION OF PROVISIONS REFERRING
TO LIEUTENANT GOVERNOR
62.- The Provisions of this Act referring to the Lieutenant Governor extend and apply to the
Lieutenant Governor for the Time being of each Province, or other the Chief Executive Officer or Administrator for the Time
being carrying on the Government of the Province, by whatever Title he is designated.
APPOINTMENT OF EXECUTIVE
OFFICERS OF 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.
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.
POWERS TO BE EXERCISED BY LIEUTENANT
GOVERNOR OF ONTARIO OR QUEBEC WITH ADVICE, OR ALONE
65.- All Powers, Authorities, and Functions which under any Act
of the Parliament of Great Britain, or of the Parliament of the United Kingdom of Great Britain and Ireland, or of the Legislature
of Upper Canada, Lower Canada, or Canada, were or are before or at the Union vested in or exercisable by the respective Governors
or Lieutenant Governors of those Provinces, with the Advice or with the Advice and Consent of the respective Executive Councils
thereof, or in conjunction with those Councils, or with any Number of Members thereof, or by those Governors or Lieutenant
Governors individually, shall, as far as the same are capable of being exercised after the Union in relation to the Government
of Ontario and Quebec respectively, be vested in and shall or may be exercised by the Lieutenant Governor of Ontario and Quebec
respectively, with the Advice or with the Advice and Consent of or in conjunction with the respective Executive Councils,
or any Members thereof, or by the Lieutenant Governor individually, as the Case requires, subject nevertheless (except with
respect to such as exist under Acts of the Parliament of Great Britain, or of the Parliament of the United Kingdom of Great
Britain and Ireland), to be abolished or altered by the respective Legislatures of Ontario and Quebec.
APPLICATION
FOR PROVISIONS REFERRING TO LIEUTENANT GOVERNOR IN COUNCIL
66.- The Provisions of this Act referring to the Lieutenant
Governor in Council shall be construed as referring to the Lieutenant Governor of the Province acting by and with the Advice
of the Executive Council thereof.
ADMINISTRATION IN ABSENCE, ETC. OF LIEUTENANT GOVERNOR
67.- The Governor
General in Council may from Time to time appoint an Administrator to execute the Office and Functions of Lieutenant Governor
during his Absence, Illness, or other Inability.
SEATS OF PROVINCIAL GOVERNMENTS
68.- Unless and
until the Executive Government of any Province otherwise directs with respect to that Province, the Seats of Government of
the Provinces shall be as follows, namely, -of Ontario, the City of Toronto; of Quebec, the City of Quebec; of Nova Scotia,
the City of Halifax; and of New Brunswick, the City of Fredericton.
LEGISLATIVE POWER
1. - ONTARIO
LEGISLATURE FOR ONTARIO
69.- There shall be a Legislature for Ontario consisting of the Lieutenant Governor
and of One House, styled the Legislative Assembly of Ontario.
ELECTORAL DISTRICTS
70.- The Legislative
Assembly of Ontario shall be composed of Eighty-two Members, to be elected to represent the Eighty-two Electoral Districts
set forth in the First Schedule to this Act.
2. - QUEBEC
LEGISLATURE FOR QUEBEC
71.- There
shall be a Legislature for Quebec consisting of the Lieutenant Governor and of Two Houses, styled the Legislative Council
of Quebec and the Legislative Assembly of Quebec.
CONSTITUTION OF LEGISLATIVE COUNCIL
72.- The Legislative
Council of Quebec shall be composed of Twenty-four Members, to be appointed by the Lieutenant Governor, in the Queen's Name,
by Instrument under the Great Seal of Quebec, one being appointed to represent each of the Twenty-four Electoral divisions
of Lower Canada in this Act referred to, and each holding Office for the Term of his Life, unless the Legislature of Quebec
otherwise provides under the Provisions of this Act.
QUALIFICATION OF LEGISLATIVE COUNCILORS
73.- The
Qualifications of the Legislative Councilors 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 Resignation, Death, or otherwise, the Lieutenant Governor, in the Queen's Name, by Instrument under the
Great Seal of Quebec, shall appoint a fit and qualified Person to fill the Vacancy.
QUESTIONS AS TO VACANCIES,
ETC.
76.- If any Question arises respecting the Qualification of a Legislative Councillor of Quebec, or a Vacancy
in the Legislative Council of Quebec, the same shall be heard and determined by the Legislative Council.
SPEAKER
OF LEGISLATIVE COUNCIL
77.- The Lieutenant Governor may from Time to Time, by Instrument under the Great Seal of Quebec,
appoint a Member of the Legislative Council of Quebec to be Speaker thereof, and any remove him and appoint another in his
Stead.
QUORUM OF LEGISLATIVE COUNCIL
78.- Until the Legislature of Quebec otherwise provides, the Presence
of at least Ten Members of the Legislative Council, including the Speaker, shall be necessary to constitute a Meeting for
the Exercise of its Powers.
VOTING IN LEGISLATIVE COUNCIL
79.- Questions arising in the Legislative Council
of Quebec shall be decided by a Majority of Voices, and the Speaker shall in all Cases have a Vote, and when the Voices are
equal the Decision shall be deemed to be in the Negative.
CONSTITUTION OF LEGISLATIVE ASSEMBLY OF QUEBEC
80.-
The Legislative Assembly of Quebec shall be composed of Sixty-five Members, to be elected to represent the Sixty-five Electoral
Divisions or Districts of Lower Canada in this Act referred to, subject to Alteration thereof by the Legislature of Quebec:
Provided that it shall not be lawful to present to the Lieutenant Governor of Quebec for Assent any Bill for altering the
Limits of any of the Electoral Divisions or Districts mentioned in the Second Schedule to this Act, unless the Second and
Third Readings of such Bill have been passed in the Legislative Assembly with the Concurrence of the Majority of the Members
representing all those Electoral Divisions or districts, and the Assent shall not be given to such Bill unless an Address
has been presented by the Legislative Assembly to the Lieutenant Governor stating that it has been so passed.
3.
- ONTARIO AND QUEBEC
81.- Repealed.
SUMMONING OF LEGISLATIVE ASSEMBLIES
82.- The Lieutenant Governor
of Ontario and of Quebec shall from Time to Time, in the Queen's Name, by Instrument under the Great Seal of the Province,
summon and call together the Legislative Assembly of the Province.
RESTRICTION ON ELECTION OF HOLDERS OF OFFICES
83.- Until the Legislature of Ontario or of Quebec otherwise provides, a Person accepting or holding in Ontario or
in Quebec any Office, Commission, or Employment, permanent or temporary, at the Nomination of the Lieutenant Governor, to
which an annual Salary, or any Fee, Allowance, Emolument, or Profit of any Kind or Amount whatever from the Province is attached,
shall not be eligible as a Member of the Legislative Assembly of the respective Province, not shall he sit or vote as such;
but nothing in this Section shall make ineligible any Person being a Member of the Executive Council of the respective Province,
or holding any of the following Offices, that is to say, the Offices of Attorney General, Secretary and Registrar of the Province,
Treasurer of the Province, Commissioner of Crown Lands, and Commissioner of Agriculture and Public Works, and in Quebec Solicitor
General, or shall disqualify him to sit or vote in the House for which he is elected, provided he is elected while holding
such Office.
CONTINUANCE OF EXISTING ELECTION LAWS
84.- Until the legislatures of Ontario and Quebec respectively
otherwise provide, all Laws which at the Union are in force in those Provinces respectively, relative to the following Matters,
or any of them, namely, -the Qualifications and Disqualifications of Persons to be elected or to sit or vote as Members of
the Assembly of Canada, the Qualifications or Disqualifications of Voters, the Oaths to be taken by Voters, the Returning
Officers, their Powers and Duties, the Proceedings at Elections, the Periods during which such Elections may be continued,
and the Trial of controverted Elections and the Proceedings incident thereto, the vacating of the Seats of Members and the
issuing and execution of new Writs in case of Seats vacated otherwise than by Dissolution, - shall respectively apply to Elections
of Members to serve in the respective Legislative Assemblies of Ontario and Quebec.
Provided that, until the Legislature
of Ontario otherwise provides, at any Election for a Member of the Legislative Assembly of Ontario for the District of Algoma,
in addition to Persons qualified by the law of the Province of Canada to vote, every Male British Subject, aged Twenty-one
Years or upwards, being a Householder, shall have a Vote.
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 wither the Legislative Assembly of Ontario or the Legislative
Assembly of Quebec being sooner dissolved by the Lieutenant Governor of the Province), and no longer.
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.
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
Quebec, that is to say, - the Provisions relating to the Election of a Speaker originally and on Vacancies, the Duties of
the Speaker, the Absence of the Speaker, the Quorum, and the Mode of voting, as if those Provisions were here re-enacted and
made applicable in Terms to each such Legislative Assembly.
4. - NOVA SCOTIA AND NEW BRUNSWICK
CONSTITUTIONS
OF LEGISLATURES OF NOVA SCOTIA AND NEW BRUNSWICK
88.- The Constitution of the legislature of each of the Provinces
of Nova Scotia and New Brunswick shall, subject to the Provisions of this Act, continue as it exists at the Union until altered
under the Authority of this Act.
5. - ONTARIO, QUEBEC, AND NOVA SCOTIA
89.- Repealed.
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 Recommendation of Money Votes, the Assent to Bills, the Disallowance of Acts, and the Signification of Pleasure on bills
reserved, shall extend and apply to the Legislatures of the several Provinces as if those Provisions were here re-enacted
and made applicable in Terms to the respective Provinces and the Legislatures thereof, with the Substitution of the Lieutenant
Governor General for the Queen and for a Secretary of State, of One Year for Two Years, and of the Province for Canada.
VI. DISTRIBUTION OF LEGISLATIVE POWERS
POWERS OF THE PARLIAMENT
LEGISLATIVE
AUTHORITY OF PARLIAMENT OF CANADA
91.- It shall be lawful for the Queen, by and with the Advice and Consent of the
Senate and House of Commons, to make Laws for the Peace, Order, and good Government of Canada, in relation to all Matters
not coming within the Classes of Subjects by this Act assigned exclusively to the Legislatures of the Provinces; and for greater
Certainty, but not so as to restrict the Generality of the foregoing Terms of this Section, it is hereby declared that (notwithstanding
anything in this Act) the exclusive Legislative Authority of the Parliament of Canada extends to all Matters coming within
the Classes of Subjects next hereinafter enumerated; that is to say,-
1. Repealed.
1A. The Public Debt
and Property.
2. The Regulation of Trade and Commerce.
2A. Unemployment insurance.
3.
The raising of Money by any Mode or System of Taxation.
4. The borrowing of Money on the Public Credit.
5.
Postal Service.
6. The Census and Statistics.
7. Militia, Military and Naval Service, and Defence.
8. The fixing of and providing for the Salaries and Allowances of Civil and other Officers of the Government of
Canada.
9. Beacons, Buoys, Lighthouses, and Sable Island.
10. Navigation and Shipping.
11.
Quarantine and the Establishment and Maintenance of Marine Hospitals.
12. Sea Coast and Inland Fisheries.
13.
Ferries between a Province and any British or Foreign Country or between Two Provinces.
14. Currency and Coinage.
15. Banking, Incorporation of Banks, and the Issue of Paper Money.
16. Savings Banks.
17.
Weights and Measures.
18. Bills of Exchange and Promissory Notes.
19. Interest.
20. Legal
Tender.
21. Bankruptcy and Insolvency.
22. Patents of Invention and Discovery.
23. Copyrights.
24. Indians, and Lands reserved for the Indians.
25. Naturalization and Aliens.
26. Marriage
and Divorce.
27. The Criminal Law, except the Constitution of Courts of Criminal Jurisdiction, but including the
Procedure in Criminal Matters.
28. The Establishment, Maintenance, and Management of Penitentiaries.
29.
Such Classes of Subjects as are expressly excepted in the Enumeration of the Classes of Subjects by this Act assigned exclusively
to the Legislatures of the Provinces.
And any Matter coming within any of the Classes of Subjects enumerated in
this Section shall not be deemed to come within the Class of Matters of a local or private Nature comprised in the Enumeration
of the Classes of Subjects by this Act assigned exclusively to the Legislatures of the Provinces.
EXCLUSIVE
POWERS OF PROVINCIAL LEGISLATURES
SUBJECTS OF EXCLUSIVE PROVINCIAL LEGISLATION
92.- In each Province the Legislature
may exclusively make Laws in relation to Matters coming within the Classes of Subjects next hereinafter enumerated; that is
to say, -
1. Repealed.
2. Direct Taxation within the Province in order to the raising of a Revenue
for Provincial Purposes.
3. The borrowing of Money on the sole Credit of the Province.
4. The Establishment
and Tenure of Provincial Offices and the Appointment and Payment of Provincial Officers.
5. The Management and
Sale of the Public Lands belonging to the Province and of the Timber and Wood thereon.
6. The Establishment, Maintenance,
and Management of Public and Reformatory Prisons in and for the Province.
7. The Establishment, Maintenance, and
Management of Hospitals, Asylums, Charities, and Eleemosynary Institutions in and for the Province, other than Marine Hospitals.
8. Municipal Institution in the Province.
9. Shop, Saloon, Tavern, Auctioneer, and other Licenses
in order to the raising of a Revenue for Provincial, Local, or Municipal Purposes.
10. Local Works and Undertakings
other than such as are of the following Classes:-
a. Lines of Steam or other Ships, Railways, Canals, Telegraphs,
and other Works and Undertakings connecting the Province with any other or others of the Provinces, or extending beyond the
Limits of the Province:
b. Lines of Steam Ships between the Province and any British or Foreign Country:
c.
Such Works as, although wholly situate within the Province, are before or after their Execution declared by the Parliament
of Canada to be for the general Advantage of Canada or for the Advantage of two or more of the Provinces.
11.
The Incorporation of Companies with Provincial Objects.
12. The Solemnization of Marriage in the Province.
13.
Property and Civil Rights in the Province.
14. The Administration of Justice in the Province, including the Constitution,
Maintenance, and organization of Provincial Courts, both of civil and of Criminal Jurisdiction, and including Procedure in
Civil Matters in those Courts.
15. The Imposition of Punishment by Fine, Penalty, or Imprisonment for enforcing any
Law of the Province made in relation to any Matter coming within any of the Classes of Subjects enumerated in this Section.
16. Generally all Matters of a merely local or private Nature in the Province.
NON-RENEWABLE
NATURAL RESOURCES, FORESTRY RESOURCES AND
ELECTRICAL ENERGY
LAWS RESPECTING NON-RENEWABLE NATURAL RESOURCE,
FORESTRY RESOURCES AND ELECTRICAL ENERGY
92A.- 1. In each province, the legislature may exclusively make laws in relation
to
a. exploration for non-renewable natural resources in the province;
b. development, conservation
and management of non-renewable natural resources and forestry resources in the province, including laws in relation to the
rate of primary production therefrom: and
c. development, conservation and management of sites and facilities
in the province for the generation and production of electrical energy.
Export from provinces of resources
2.
In each province, the legislature may make laws in relation to the export from the province to another part of Canada of the
primary production from non-renewable natural resources and forestry resources in the province and the production from facilities
in the province for the generation of electrical energy, but such laws may not authorize or provide for discrimination in
prices or in supplies exported to another part of Canada.
Authority of Parliament
3. Nothing in subsection
(2) derogates from the authority of Parliament to enact laws in relation to the matters referred to in that subsection and,
where such a law of Parliament and a law of a province conflict, the law of Parliament prevails to the extent of the conflict.
Taxation of resources
4. In each province, the legislature may make laws in relation to the raising
of money by any mode or system of taxation in respect of
a. non-renewable natural resources and forestry resources
in the province and the primary production therefrom, and
b. sites and facilities in the province for the generation
of electrical energy and the production therefrom.
whether or not such production is exported in whole or in part
from the province, but such laws may not authorize or provide for taxation that differentiates between production exported
to another part of Canada and production not exported from the province.
"Primary production"
5. The expression
"primary production" has the meaning assigned by the Sixth Schedule.
Existing powers or rights
6.
Nothing in subsections (1) to (5) derogates from any powers or rights that a legislature or government of a province had immediately
before the coming into force of this section.
EDUCATION
LEGISLATION RESPECTING EDUCATION
93.-
In and for each Province the Legislature may exclusively make Laws in relation to Education, subject and according to the
following Provisions:-
1. Nothing in any such Law shall prejudicially affect any Right or Privilege with respect
to Denominational Schools which any Class of Persons have by Law in the Province at the Union:
2. All the Powers,
Privileges, and Duties at the Union by Law conferred and imposed in Upper Canada on the Separate Schools and School Trustees
of the Queen's Roman Catholic Subjects shall be and the same are hereby extended to the Dissentient Schools of the Queen's
Protestant and Roman Catholic Subjects in Quebec:
3. Where in any Province a System of Separate or Dissentient
Schools exists by Law at the Union or is thereafter established by the Legislature of the Province, an Appeal shall lie to
the Governor General in Council from any Act or Decision of any Provincial Authority affecting any Right or Privilege of the
Protestant or Roman Catholic Minority of the Queen's Subjects in relation to Education:
4. In case any such Provincial
Law as from Time to Time seems to the Governor General in Council requisite for the due Execution of the Provisions of this
Section is not made, or in case any Decision of the Governor General in council on any Appeal under this Section is not duly
executed by the proper Provincial Authority in that Behalf, then and in every such Case, and as far only as the Circumstances
of each Case require, the Parliament of Canada may make remedial laws for the due Execution of the Provisions of this Section
and any Decision of the Governor General in Council under this Section.
UNIFORMITY OF LAWS IN ONTARIO, NOVA SCOTIA,
AND NEW BRUNSWICK
LEGISLATION FOR UNIFORMITY OF LAWS IN THREE PROVINCES
94.- Notwithstanding in this Act,
the Parliament of Canada may make Provisions 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.
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 Agriculture in all or any of the Provinces, and to Immigration into all or
any of the Provinces; and any Law of the Legislature of a Province relative to Agriculture or to Immigration shall have effect
in and for the Province as long and as far only as it is not repugnant to any Act of the Parliament of Canada.
VII. JUDICATURE
APPOINTMENT OF JUDGES
96.- The Governor General shall appoint
the Judges of the Superior, District, and County courts in each Province, except those of the Courts of Probate in Nova Scotia
and New Brunswick.
SELECTION FOR 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 two of this section,
the Judges of the Superior Courts shall hold office during good behavior, but shall be removable by the Governor General on
Address of the Senate and House of Commons.
Termination at age 75
2. A Judge of a Superior Court, whether
appointed before or after the coming into force of this section, shall cease to hold office upon attaining the age of seventy-five
years, or upon the coming into force of this section if at that time he has already attained that age.
SALARIES,
ETC., OF JUDGES
100.- The Salaries, Allowances, and Pensions of the Judges of the Superior, District, and County Courts
(except the Courts of Probate in Nova Scotia and New Brunswick), and of the Admiralty Courts in Cases where the Judges thereof
are for the Time being paid by Salary, shall be fixed and provided by the Parliament of Canada.
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 for the Laws of Canada.
VIII.
REVENUES; DEBTS; ASSETS; TAXATION
CREATION OF CONSOLIDATED REVENUE FUND
102.- All Duties and Revenues
over which the respective Legislatures of Canada, Nova Scotia, and New Brunswick Before and at the Union had and have Power
of Appropriation, except such Portions thereof as are by this Act reserved to the respective Legislatures of the Provinces,
or are raised by them in accordance with the special Powers conferred on them by this Act, shall form One Consolidated Revenue
Fund, to be appropriated for the Public Service of Canada in the Manner and subject to the Charges in this Act provided.
EXPENSES
OF COLLECTION, ETC.
103.- The Consolidated Revenue Fund of Canada shall be permanently charged with the Costs, Charges,
and Expenses incident to the Collection, Management, and Receipt thereof, and the same shall form the First Charge thereon,
subject to be reviewed and audited in such Manner as shall be ordered by the Governor General in Council until the Parliament
otherwise provides.
INTEREST OF PROVINCIAL PUBLIC DEBTS
104.- The annual Interest of the Public Debts
of the several Provinces of Canada, Nova Scotia, and New Brunswick at the Union shall form the Second Charge on the Consolidated
Revenue Fund of Canada.
SALARY OF GOVERNOR GENERAL
105.- Unless altered by the Parliament of Canada, the
Salary of the Governor General shall be Ten thousand Pounds Sterling Money of the United Kingdom of Great Britain and Ireland,
payable out of the Consolidated Revenue Fund of Canada, and the same shall form the Third Charge thereon.
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 respective Debts of the Provinces at the Union.
TRANSFER OF PROPERTY IN SCHEDULE
108.- The Public
Words 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.
ASSETS CONNECTED WITH PROVINCIAL DEBTS
110.- All Assets connected with such Portions of the Public Debt
of each Province as are assumed by that Province shall belong to that Province.
CANADA TO BE LIABLE FOR PROVINCIAL
DEBTS
111.- Canada shall be liable for the Debts and Liabilities of each Province existing at the Union.
DEBTS
OF ONTARIO AND QUEBEC
112.- Ontario and Quebec conjointly shall be liable to Canada for the Amount (if any) by which
the Debt of the Province of Canada exceeds at the Union Sixty-two million five hundred thousand Dollars, and shall be charged
with interest at the Rate of Five per Centum per Annum thereon.
ASSETS OF ONTARIO AND QUEBEC
113.- The
Assets enumerated in the Fourth Schedule to this Act belonging at the Union to the Province of Canada shall be the Property
of Ontario and Quebec conjointly.
DEBT OF NOVA SCOTIA
114.- Nova Scotia shall be liable to Canada
for the Amount (if any) by which its Public Debt exceeds at the Union Eight million Dollars, and shall be charged with Interest
at the Rate of Five per Centum per Annum thereon.
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.
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