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THE CONSTITUTION ACTS 1867 to 1982

CANADAA Consolidation ofTHECONSTITUTIONACTS1867 to 1982 DEPARTMENT OF JUSTICECANADAC onsolidated as of January 1, 2013 Her Majesty the Queen in Right of Canada,represented by the Minister of Public Works andGovernment Services, through your local book seller or by mailfrom Publishing and Depository ServicesPublic Works and Government Services CanadaOttawa, OntarioK1A 0S5 Telephone: (613) 941-5995 Fax: (613) 954-5779 Orders only: 1-800-635-7943 Internet: No.: YX1-1/2012 ISBN: 978-0-660-67458-2iiiFOREWORDC onsolidation of the CONSTITUTION Acts, 1867 to 1982 This consolidation contains the text of the CONSTITUTION Act, 1867 (formerly theBritish 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 CONSTITUTION Act, 1982 contains the Canadian Charter of Rights and Freedomsand other provisions, including the procedure for amending the CONSTITUTION CONSTITUTION Act, 1982 also contains a schedule of repeals of certain constitu-tional enactments and provides for the renaming of others.

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-

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Transcription of THE CONSTITUTION ACTS 1867 to 1982

1 CANADAA Consolidation ofTHECONSTITUTIONACTS1867 to 1982 DEPARTMENT OF JUSTICECANADAC onsolidated as of January 1, 2013 Her Majesty the Queen in Right of Canada,represented by the Minister of Public Works andGovernment Services, through your local book seller or by mailfrom Publishing and Depository ServicesPublic Works and Government Services CanadaOttawa, OntarioK1A 0S5 Telephone: (613) 941-5995 Fax: (613) 954-5779 Orders only: 1-800-635-7943 Internet: No.: YX1-1/2012 ISBN: 978-0-660-67458-2iiiFOREWORDC onsolidation of the CONSTITUTION Acts, 1867 to 1982 This consolidation contains the text of the CONSTITUTION Act, 1867 (formerly theBritish 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 CONSTITUTION Act, 1982 contains the Canadian Charter of Rights and Freedomsand other provisions, including the procedure for amending the CONSTITUTION CONSTITUTION Act, 1982 also contains a schedule of repeals of certain constitu-tional enactments and provides for the renaming of others.

2 The british North Ameri-ca Act, 1949, for example, is renamed as the Newfoundland Act. The new names ofthese enactments are used in this consolidation, but their former names may befound in the CONSTITUTION Act, 1982 was enacted as Schedule B to the Canada Act 1982,1982, c. 11 ( ). It is set out in this consolidation as a separate Act after theConstitution Act, 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 inthose cases where provisions of that Act are expressed to be subject to alteration byParliament or the legislatures. A consolidation of the CONSTITUTION Acts includingonly those subsequent enactments that alter the text of the Act would therefore notproduce a true statement of the law.

3 In preparing this consolidation, an attempt hasbeen made to reflect accurately the substance of the law contained in enactmentsmodifying the provisions of the CONSTITUTION Act, 1867, whether by textual amend-ment or various classes of enactments modifying the CONSTITUTION Act, 1867 havebeen dealt with as follows:I. Textual Amendments1. RepealsRepealed provisions ( section 2) have been deleted from the text and quotedin a AmendmentsAmended provisions ( section 4) are reproduced in the text in their amendedform and the original provisions are quoted in a AdditionsAdded provisions ( section 51A) are included in the SubstitutionsSubstituted provisions ( section 18) are included in the text and the formerprovision is quoted in a Non-textual Amendments1. Alterations by United Kingdom ParliamentProvisions altered by the United Kingdom Parliament otherwise than by textualamendment ( section 21) are included in the text in their altered form and theoriginal provision is quoted in a Additions by United Kingdom ParliamentConstitutional provisions added otherwise than by the insertion of additional pro-visions in the CONSTITUTION Act, 1867 ( provisions of the CONSTITUTION Act, 1871authorizing Parliament to legislate for any territory not included in a province) arenot incorporated in the text but the additional provisions are quoted in an appropri-ate Alterations by Parliament of CanadaProvisions subject to alteration by the Parliament of Canada ( section 37)have been included in the text in their altered form, wherever possible, but wherethis was not feasible ( section 40)

4 The original section has been retained in thetext and a footnote reference made to the Act of the Parliament of Canada effectingthe Alterations by the LegislaturesProvisions subject to alteration by the legislatures of the provinces, either byvirtue of specific authority ( sections 83 and 84) or by virtue of head 1 of section92 ( sections 70 and 72), have been included in the text in their original form butthe footnotes refer to the provincial enactments effecting the alteration. Amend-ments to the provincial enactments are not noted; these may be found by consultingthe provincial statutes. In addition, only the enactments of the original provinces arevreferred to; corresponding enactments by the provinces that were created at a laterdate are not ProvisionsFootnote references are made to those sections that are spent or probably example, section 119 became spent by lapse of time and the footnote referenceindicates this.

5 In turn, section 140 is probably spent, but short of examining allstatutes passed before Confederation there would be no way of ascertaining defi-nitely whether or not the section is spent; the footnote reference therefore indicatesthat the section is probably enactments of the United Kingdom Parliament and the Parliament of Canada,and Orders in Council admitting territories, that are referred to in the footnotes maybe found in Appendix II of the Appendices to the Revised Statutes of Canada, 1985and in the annual volumes of the Statutes of are some inconsistencies in the capitalization of nouns. It was originallythe 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 neverfollowed in Canadian statutes. In the original provisions included in this consolida-tion, nouns are written as they were VersionThe French version of the CONSTITUTION Act, 1867 is the conventional does not have the force of law since this Act was enacted by the Parliament of theUnited Kingdom in English 55 of the CONSTITUTION Act, 1982 provides that a French version of theportions of the CONSTITUTION of Canada referred to in the schedule [to that Act] shallbe prepared by the Minister of Justice of Canada as expeditiously as possible.

6 TheFrench Constitutional Drafting Committee was established in 1984 with a mandateto assist the Minister of Justice in that task. The Committee s Final Report, whichcontains forty-two constitutional enactments, was tabled in Parliament in December1990. The French version of the Final Report is available on the Justice CanadaWebsite at the following URL: consolidation of the CONSTITUTION Acts, 1867 to 1982 contains material pre-pared by the late Dr. E. A. Driedger, The material has been updated wherenecessary. The Department of Justice gratefully acknowledges Dr. Driedger s earli-er OF PROVISIONSS ectionPageCONSTITUTION ACT, 1867 Preamble1I. PRELIMINARY11 Short title1II. UNION23 Declaration of Union24 Construction of subsequent Provisions of Act25 Four Provinces26 Provinces of Ontario and Quebec27 Provinces of Nova Scotia and New Brunswick28 Decennial Census3 III.

7 EXECUTIVE POWER39 Declaration of Executive Power in the Queen310 Application of Provisions referring to GovernorGeneral311 CONSTITUTION of Privy Council for Canada312 All Powers under Acts to be exercised by GovernorGeneral with Advice of Privy Council, or alone313 Application of Provisions referring to GovernorGeneral in Council414 Power to Her Majesty to authorize Governor Generalto appoint Deputies415 Command of Armed Forces to continue to be vestedin the Queen416 Seat of Government of Canada4IV. LEGISLATIVE POWER417 CONSTITUTION of Parliament of Canada418 Privileges, etc., of Houses419 First Session of the Parliament of Canada5 THE SENATE521 Number of Senators522 Representation of Provinces in Senate623 Qualifications of Senator724 Summons of Senator826 Addition of Senators in certain cases827 Reduction of Senate to normal Number8 Table of ProvisionsviiiSectionPage28 Maximum Number of Senators929 Tenure of Place in Senate930 Resignation of Place in Senate931 Disqualification of Senators932 Summons on Vacancy in Senate1033 Questions as to Qualifications and Vacancies inSenate1034 Appointment of Speaker of Senate1035 Quorum of Senate1036 Voting in Senate10 THE HOUSE OF COMMONS1037 CONSTITUTION of House of Commons in Canada1038 Summoning of House of Commons1139 Senators not to sit in House of Commons1140 Electoral districts of the four Provinces1141 Continuance of existing Election Laws untilParliament of Canada otherwise provides1244As

8 To Election of Speaker of House of Commons1345As to filling up Vacancy in Office of Speaker1346 Speaker to preside1347 Provision in case of Absence of Speaker1348 Quorum of House of Commons1449 Voting in House of Commons1450 Duration of House of Commons1451 Readjustment of representation in Commons1451 AConstitution of House of Commons1752 Increase of Number of House of Commons17 MONEY VOTES; ROYAL ASSENT1753 Appropriation and Tax Bills1754 Recommendation of Money Votes1755 Royal Assent to Bills, by Order in Council of Act assented toby Governor General1857 Signification of Queen s Pleasure on Bill reserved18V. PROVINCIAL CONSTITUTIONS18 EXECUTIVE POWER1858 Appointment of Lieutenant Governors of Provinces1859 Tenure of Office of Lieutenant Governor1860 Salaries of Lieutenant Governors19 Table of ProvisionsixSectionPage61 Oaths, etc., of Lieutenant Governor1962 Application of Provisions referring to LieutenantGovernor1963 Appointment of Executive Officers for Ontario andQuebec1964 Executive Government of Nova Scotia andNew Brunswick1965 Powers to be exercised by Lieutenant Governor ofOntario or Quebec with Advice, or alone1966 Application of Provisions referring to LieutenantGovernor in Council2067 Administration in Absence, etc.

9 , of LieutenantGovernor2068 Seats of Provincial Governments20 LEGISLATIVE POWER201. Ontario2069 Legislature for Ontario2070 Electoral districts212. Quebec2171 Legislature for Quebec2172 CONSTITUTION of Legislative Council2173 Qualification of Legislative Councillors2174 Resignation, Disqualification, as to Vacancies, of Legislative Council2278 Quorum of Legislative Council2279 Voting in Legislative Council2280 CONSTITUTION of Legislative Assembly of Quebec223. Ontario and Quebec2282 Summoning of Legislative Assemblies2383 Restriction on election of Holders of offices2384 Continuance of existing Election Laws2385 Duration of Legislative Assemblies2486 Yearly Session of Legislature2487 Speaker, Quorum, of ProvisionsxSectionPage4. Nova Scotia and New Brunswick2588 Constitutions of Legislatures of Nova Scotia andNew Brunswick255. Ontario, Quebec, and Nova Scotia256. The Four Provinces2590 Application to Legislatures of Provisions respectingMoney Votes, DISTRIBUTION OF LEGISLATIVE POWERS26 POWERS OF THE PARLIAMENT2691 Legislative Authority of Parliament of Canada26 EXCLUSIVE POWERS OF PROVINCIAL LEGISLATURES2892 Subjects of exclusive Provincial Legislation28 NON-RENEWABLE NATURAL RESOURCES, FORESTRYRESOURCES AND ELECTRICAL ENERGY2992 ALaws respecting non-renewable natural resources,forestry resources and electrical energy29 EDUCATION3193 Legislation respecting Education3193 AQuebec32 UNIFORMITY OF LAWS IN ONTARIO, NOVA SCOTIA, ANDNEW BRUNSWICK3294 Legislation for Uniformity of Laws in ThreeProvinces32 OLD AGE PENSIONS3294 ALegislation respecting old age pensions andsupplementary benefits32 AGRICULTURE AND IMMIGRATION3295 Concurrent Powers of Legislation respectingAgriculture.

10 JUDICATURE3396 Appointment of Judges3397 Selection of Judges in Ontario, of Judges in Quebec33 Table of ProvisionsxiSectionPage99 Tenure of office of Judges33100 Salaries, etc., of Judges33101 General Court of Appeal, REVENUES; DEBTS; ASSETS; TAXATION34102 Creation of Consolidated Revenue Fund34103 Expenses of Collection, of Provincial Public Debts34105 Salary of Governor General34106 Appropriation from Time to Time35107 Transfer of Stocks, of Property in Schedule35109 Property in Lands, Mines, connected with Provincial Debts35111 Canada to be liable for Provincial Debts35112 Debts of Ontario and Quebec36113 Assets of Ontario and Quebec36114 Debt of Nova Scotia36115 Debt of New Brunswick36116 Payment of interest to Nova Scotia andNew Brunswick36117 Provincial Public Property36119 Further Grant to New Brunswick37120 Form of Payments37121 Canadian Manufactures, of Customs and Excise Laws37123 Exportation and Importation as between TwoProvinces37124 Lumber Dues in New Brunswick37125 Exemption of Public Lands, Consolidated Revenue Fund38IX.


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