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Questions and Answers
What is the primary focus of the second section of the Constitution Act, 1867, as outlined in the provided table?
What is the primary focus of the second section of the Constitution Act, 1867, as outlined in the provided table?
- Provisions for specific provinces
- Details of executive power
- Establishment of the Union (correct)
- Guidelines for the census
According to the table of provisions, what section is dedicated to defining the Provinces of Ontario and Quebec?
According to the table of provisions, what section is dedicated to defining the Provinces of Ontario and Quebec?
- Section 5
- Section 7
- Section 3
- Section 6 (correct)
Which of the following statements accurately reflects the information provided regarding the 'Command of Armed Forces'?
Which of the following statements accurately reflects the information provided regarding the 'Command of Armed Forces'?
- Command will be directed by the Governor General
- Command is divided into separate provincial commands
- Command is at the discretion of the Privy Council
- Command will remain vested in the Queen (correct)
What is the purpose of section 12?
What is the purpose of section 12?
What is the topic of section 8, according to the provided table?
What is the topic of section 8, according to the provided table?
Who determines the salaries for Lieutenant Governors?
Who determines the salaries for Lieutenant Governors?
Under what circumstance can a Lieutenant Governor be removed within five years of their appointment?
Under what circumstance can a Lieutenant Governor be removed within five years of their appointment?
Before assuming their duties, what is required of a Lieutenant Governor?
Before assuming their duties, what is required of a Lieutenant Governor?
Which of the following roles is NOT explicitly mentioned as part of the initial Executive Council of Ontario?
Which of the following roles is NOT explicitly mentioned as part of the initial Executive Council of Ontario?
To whom does the provision referring to the Lieutenant Governor extend?
To whom does the provision referring to the Lieutenant Governor extend?
What is the process for communicating the removal of a Lieutenant Governor 'for cause' to Parliament?
What is the process for communicating the removal of a Lieutenant Governor 'for cause' to Parliament?
According to this document, what is the structure of the Executive Government in Nova Scotia and New Brunswick?
According to this document, what is the structure of the Executive Government in Nova Scotia and New Brunswick?
How are the members of the Executive Council in Ontario and Quebec chosen?
How are the members of the Executive Council in Ontario and Quebec chosen?
What is the maximum timeframe, according to the repealed section 81, within which the Legislatures of Ontario and Quebec were to be called together after the Union?
What is the maximum timeframe, according to the repealed section 81, within which the Legislatures of Ontario and Quebec were to be called together after the Union?
According to section 82, who has the authority to summon and call together the Legislative Assembly of Ontario or Quebec?
According to section 82, who has the authority to summon and call together the Legislative Assembly of Ontario or Quebec?
According to section 83, under what condition is a person holding an office ineligible to be a Member of the Legislative Assembly of Ontario or Quebec?
According to section 83, under what condition is a person holding an office ineligible to be a Member of the Legislative Assembly of Ontario or Quebec?
According to section 83, which of these offices would NOT disqualify a person from being a member of the Legislative Assembly of Ontario or Quebec?
According to section 83, which of these offices would NOT disqualify a person from being a member of the Legislative Assembly of Ontario or Quebec?
According to section 83, for which position in Quebec is there an exception made for holding an office and being a Member of the Legislative Assembly?
According to section 83, for which position in Quebec is there an exception made for holding an office and being a Member of the Legislative Assembly?
Prior to the Union, which entities held powers, authorities, and functions?
Prior to the Union, which entities held powers, authorities, and functions?
Following the Union, who exercises the powers previously held by Governors and Lieutenant Governors in Ontario and Quebec?
Following the Union, who exercises the powers previously held by Governors and Lieutenant Governors in Ontario and Quebec?
Which legislative bodies have the power to abolish or alter powers vested in the Lieutenant Governors of Ontario and Quebec after the Union?
Which legislative bodies have the power to abolish or alter powers vested in the Lieutenant Governors of Ontario and Quebec after the Union?
What is the proper interpretation of the phrase 'Lieutenant Governor in Council' according to the Act?
What is the proper interpretation of the phrase 'Lieutenant Governor in Council' according to the Act?
In what situations can an Administrator be appointed to fulfill the duties of a Lieutenant Governor?
In what situations can an Administrator be appointed to fulfill the duties of a Lieutenant Governor?
Which body is responsible for appointing an Administrator to execute the functions of the Lieutenant Governor when necessary?
Which body is responsible for appointing an Administrator to execute the functions of the Lieutenant Governor when necessary?
The powers of the Lieutenant Governors of Ontario and Quebec are subject to alterations by whom?
The powers of the Lieutenant Governors of Ontario and Quebec are subject to alterations by whom?
How were the Executive Authorities for Manitoba, Alberta and Saskatchewan established?
How were the Executive Authorities for Manitoba, Alberta and Saskatchewan established?
Which section of the Constitution Act, 1867, deals with the construction of temporary acts?
Which section of the Constitution Act, 1867, deals with the construction of temporary acts?
According to the table of provisions, which part of the Constitution Act, 1982, includes the section on mobility rights?
According to the table of provisions, which part of the Constitution Act, 1982, includes the section on mobility rights?
Which section within the Canadian Charter of Rights and Freedoms outlines the right to an interpreter?
Which section within the Canadian Charter of Rights and Freedoms outlines the right to an interpreter?
Which section of the Constitution Act, 1982, discusses the rights of Aboriginal peoples?
Which section of the Constitution Act, 1982, discusses the rights of Aboriginal peoples?
According to the provided text, what does section 28 of the Constitution Act, 1982, guarantee?
According to the provided text, what does section 28 of the Constitution Act, 1982, guarantee?
Which section of the Constitution Act, 1867, pertains to errors in names?
Which section of the Constitution Act, 1867, pertains to errors in names?
Which part of the Constitution Act, 1982, deals with the procedure for amending the Constitution of Canada?
Which part of the Constitution Act, 1982, deals with the procedure for amending the Constitution of Canada?
Which section within the Canadian Charter of Rights and Freedoms, details the democratic rights of citizens?
Which section within the Canadian Charter of Rights and Freedoms, details the democratic rights of citizens?
What does section 36 of the Constitution Act, 1982 deal with?
What does section 36 of the Constitution Act, 1982 deal with?
Which section of the Constitution Act, 1982 establishes a commitment to participation in constitutional conferences regarding Aboriginal peoples?
Which section of the Constitution Act, 1982 establishes a commitment to participation in constitutional conferences regarding Aboriginal peoples?
What does section 52 of the Constitution Act, 1982, address?
What does section 52 of the Constitution Act, 1982, address?
Which section of the Constitution Act, 1867 discusses the appointment of Executive Officers?
Which section of the Constitution Act, 1867 discusses the appointment of Executive Officers?
According to the provided text, which section of the Constitution Act, 1982 pertains to the application of the Charter?
According to the provided text, which section of the Constitution Act, 1982 pertains to the application of the Charter?
What does section 27 of the Constitution Act, 1982 speak to?
What does section 27 of the Constitution Act, 1982 speak to?
Which section of the Constitution Act, 1867, is concerned with arbitration respecting debts?
Which section of the Constitution Act, 1867, is concerned with arbitration respecting debts?
According to the excerpt, which level of government has exclusive power over 'Direct Taxation within the Province'?
According to the excerpt, which level of government has exclusive power over 'Direct Taxation within the Province'?
Which of the following is NOT explicitly listed as a subject of exclusive Provincial legislation in the provided text?
Which of the following is NOT explicitly listed as a subject of exclusive Provincial legislation in the provided text?
The establishment and tenure of Provincial offices falls under the jurisdiction of:
The establishment and tenure of Provincial offices falls under the jurisdiction of:
Which of these institutions would NOT fall under the Provincial Legislature's responsibility?
Which of these institutions would NOT fall under the Provincial Legislature's responsibility?
The 'Management and Sale of the Public Lands...and of the Timber and Wood thereon' is a power exclusively granted to:
The 'Management and Sale of the Public Lands...and of the Timber and Wood thereon' is a power exclusively granted to:
The ability to borrow money on the sole credit of the province is an example of:
The ability to borrow money on the sole credit of the province is an example of:
The excerpt clarifies that matters falling within the enumerated sections for provinces are NOT considered to be:
The excerpt clarifies that matters falling within the enumerated sections for provinces are NOT considered to be:
Based on the text, the primary focus of Section 92 of the Constitution Act, 1867 is to:
Based on the text, the primary focus of Section 92 of the Constitution Act, 1867 is to:
Flashcards
Constitution Act, 1867
Constitution Act, 1867
The official name of the document outlining Canada's fundamental political structure.
Preamble
Preamble
The opening statement of the Constitution Act, 1867, outlining the purpose and principles of the document.
Union
Union
A legal term that refers to the grouping together of separate provinces into a single nation.
Four Provinces
Four Provinces
The original four provinces that formed the basis of Canada: Ontario, Quebec, Nova Scotia, and New Brunswick.
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Decennial Census
Decennial Census
A regular population count conducted every 10 years to assess population changes and adjust representation in Parliament.
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Lieutenant Governor's Term
Lieutenant Governor's Term
The Lieutenant Governor serves at the pleasure of the Governor General, but after the first Parliament of Canada, they cannot be removed for five years without a documented cause.
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Removal Cause Communication
Removal Cause Communication
The Lieutenant Governor must be informed in writing of the reasons for their removal within a month of the order being made.
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Parliamentary Notification
Parliamentary Notification
Parliament must be informed of the removal order within one week of its creation if Parliament is in session, or within one week of the next session if not.
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Lieutenant Governor Salaries
Lieutenant Governor Salaries
Parliament determines the salaries of Lieutenant Governors.
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Lieutenant Governor Oaths
Lieutenant Governor Oaths
Before taking office, Lieutenant Governors must swear allegiance and take an oath of office, similar to the Governor General.
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General Application of Provisions
General Application of Provisions
The provisions about Lieutenant Governors apply to each province's highest executive officer, regardless of their specific title.
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Ontario and Quebec Executive Councils
Ontario and Quebec Executive Councils
Ontario and Quebec's Executive Councils are appointed by the Lieutenant Governor and include key figures like the Attorney General and Treasurer.
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Executive Powers of Nova Scotia and New Brunswick
Executive Powers of Nova Scotia and New Brunswick
Nova Scotia and New Brunswick's executive powers remain as they were at the time of Confederation until changed by law.
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When did the first Ontario and Quebec legislature meetings occur after Confederation?
When did the first Ontario and Quebec legislature meetings occur after Confederation?
The first meeting of Ontario's and Quebec's legislatures had to occur within six months of Confederation.
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Who calls together the provincial legislature?
Who calls together the provincial legislature?
The Lieutenant Governor of a province has the power to summon the provincial legislature meetings.
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Who can't be elected to the provincial legislature?
Who can't be elected to the provincial legislature?
Provincial officials appointed by the Lieutenant Governor, with the exception of certain roles, can't be elected to the legislature.
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What happened to section 81 of the Constitution Act, 1867?
What happened to section 81 of the Constitution Act, 1867?
This section of the Constitution Act, 1867, is no longer relevant.
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Transfer of Powers
Transfer of Powers
The power to govern Ontario and Quebec, previously held by the British Crown, transitioned to these provinces upon Confederation. This involved transferring powers related to administration, lawmaking, and appointing key officials.
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Provincial Formation
Provincial Formation
The process of establishing a new province and its governing structures. This involves determining the province's boundaries, setting up a legislature, and appointing an executive council.
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Lieutenant Governor in Council
Lieutenant Governor in Council
This principle is found in Section 66 of the Constitution Act, 1867. It establishes that whenever the Act mentions "Lieutenant Governor in Council," this means the Lieutenant Governor acting with the advice and consent of the Executive Council of their province.
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Appointment of an Administrator
Appointment of an Administrator
The Governor General has the power to temporarily appoint someone to act as Lieutenant Governor if the latter is absent, sick, or unable to perform their duties. This ensures continuity in the government.
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Seats of Provincial Governments
Seats of Provincial Governments
Section 68 of the Constitution Act, 1867, does not specify where the seats of the provincial governments should be located. Therefore, the location of these seats is determined by each province individually.
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Federal Union
Federal Union
A system of government where power is shared between a central authority and individual states or provinces. In Canada, this means power is divided between the federal government and the provinces.
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Procedure for Amending Constitution
Procedure for Amending Constitution
A specific section of the Canadian Constitution that outlines the procedures for amending the Constitution.
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Unanimous Consent
Unanimous Consent
A process that requires the unanimous agreement of all participating provinces and the Federal government to amend the Constitution.
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General Procedure
General Procedure
A standard process for amending the Constitution involving a majority vote by the House of Commons, the Senate, and at least two-thirds of the provinces representing at least 50% of the Canadian population.
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Amendments Affecting Some Provinces
Amendments Affecting Some Provinces
A special provision where amendments to the Constitution can be made affecting only certain provinces, without the participation of all provinces.
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Parliamentary Amendment
Parliamentary Amendment
The process of making amendments to the Constitution involving only the Parliament of Canada, without the need for provincial approval.
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Provincial Amendment
Provincial Amendment
The procedure for amending the Constitution through separate legislative actions by individual provincial governments.
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Initiation of Amendment Procedures
Initiation of Amendment Procedures
A process of initiating specific amendment procedures based on the particular type of change being proposed.
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Amendments Without Senate Resolution
Amendments Without Senate Resolution
A provision in the Constitution that permits amendments to be made without requiring a formal resolution from the Senate.
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Advice to Issue Proclamation
Advice to Issue Proclamation
The formal advice provided to the Governor General to issue a proclamation confirming a constitutional amendment.
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What is the exclusive power of provincial legislatures regarding taxation?
What is the exclusive power of provincial legislatures regarding taxation?
The provincial government has the exclusive authority to tax within its province and raise revenue.
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What exclusive power does a provincial legislature have regarding borrowing?
What exclusive power does a provincial legislature have regarding borrowing?
The provincial government has the sole right to borrow money on its own credit.
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What power does a provincial legislature have regarding provincial offices and officers?
What power does a provincial legislature have regarding provincial offices and officers?
The provinces hold the authority to create, manage, and pay their own government positions.
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What is the provincial government's authority regarding public lands and resources?
What is the provincial government's authority regarding public lands and resources?
The provinces are responsible for the management and sale of their own public lands and the resources on them.
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What authority does a provincial legislature hold over prisons?
What authority does a provincial legislature hold over prisons?
Provincial legislatures have full control over establishing, maintaining, and managing prisons within their respective provinces.
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What power do provincial legislatures have regarding hospitals, asylums, and charities?
What power do provincial legislatures have regarding hospitals, asylums, and charities?
Provincial governments are responsible for establishing and managing hospitals, asylums, charities, and other philanthropic institutions within their borders.
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What important distinction exists between the Constitution Act, 1867 and the Constitution Act, 1982 when discussing provincial powers?
What important distinction exists between the Constitution Act, 1867 and the Constitution Act, 1982 when discussing provincial powers?
The Constitution Act, 1867 assigns certain powers to the provinces, while other powers are given to the federal government. However, the Constitution Act, 1982 has amended some of these powers.
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What is the primary purpose of the Constitution Act, 1867 regarding provincial legislatures?
What is the primary purpose of the Constitution Act, 1867 regarding provincial legislatures?
The Constitution Act, 1867 outlines the division of powers between the federal and provincial governments in Canada. It defines the specific areas where each level of government has exclusive authority.
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Title
- Consolidation of the Constitution Acts, 1867 to 1982
Foreword
- This document consolidates the Constitution Act, 1867 (formerly the British North America Act, 1867), along with amendments made since its enactment.
- It also includes the Constitution Act, 1982, including the Canadian Charter of Rights and Freedoms, and provisions for amending the Constitution of Canada.
- The Act of 1982 contains a schedule of repeals and renames constitutional enactments.
- The document aims to accurately reflect the substance of the law contained in amendments modifying the Constitution Act of 1867, either by textual amendments or otherwise.
Textual Amendments
- Repealed provisions (e.g., section 2) are removed from the text and described in footnotes.
- Amended provisions (e.g., section 4) are reproduced in the text showing their amended form, with the original provision included in a footnote.
- Added provisions (e.g., section 51A) are incorporated into the text.
- Substituted provisions (e.g., section 18) are included with the former provision in a footnote.
Non-textual Amendments
- Altered provisions by the United Kingdom Parliament, detailing altered forms and original provisions in footnotes.
- Added constitutional provisions by the United Kingdom Parliament, detailing additional provisions in footnotes.
- Altered provisions by the Parliament of Canada, detailing alterations and referencing the specific acts.
- Altered provisions by the provincial legislatures, details of provincial acts in footnotes.
Spent Provisions
- Footnotes reference sections that are spent or likely spent, due to lapse of time or other factors.
General
- The enactments of the United Kingdom Parliament and the Parliament of Canada are detailed.
- There are inconsistencies in noun capitalization within statutes, as the original practice differs from standards in Canadian statutes.
- The French version of the Constitution Act, 1867 is a common translation but not legally binding as it was enacted in English only.
- Canadian Constitutional Drafting Committee prepared a French version of portions of the Canadian Constitution in 1990.
Acknowledgement
- The consolidation utilizes earlier work by Dr. E. A. Driedger, Q.C.
- The Department of Justice acknowledges this.
Table of Provisions
- Provides a table of contents for the Constitution Act, 1867, listing sections and the corresponding pages.
- Details the Constitution Act, 1982, with similar structure detailing every section and its page number.
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Test your knowledge on the Constitution Act of 1867 with this quiz. Explore questions about the structure, provisions, and responsibilities defined within the document. Perfect for students studying Canadian history or constitutional law.