Constitution of Canada PDF

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 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. iii 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 iv 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. v 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. vi 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 vii Table of Provisions 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 viii 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 ix 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 x 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 xi Table of Provisions 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 xii Table of Provisions 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 xiii Table of Provisions 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 xiv 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 72 ENDNOTES 76 xv 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. 1 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. 2 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 3 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. 4 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). 5 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) (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. 6 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) (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”. 7 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. 8 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. 9 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. 10 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. 11 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. 12 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. 13 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 12th 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. 14 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. 15 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) (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. 16 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.). 17 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 18 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. 19 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. 20 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. 21 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. 22 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. 23 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. 24 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. 25 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, 1. 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.). 26 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. 27 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, 1. 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. 28 Constitution Act, 1867 7. The Establishment, Maintenance, and Management of Hospitals, Asylums, Charities, and Eleemosynary Institutions in and for the Province, other than Mari

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