The Houseof Commons

The Houseof Commons

- Constitution of Canada
The Houseof Commons
- Constitution Acts of Canada 1867 to 1982. Canadian Laws.

The Houseof Commons

THE HOUSE OF COMMONS

CONSTITUTION OF HOUSE OF COMMONS IN CANADA

37.- The House of commons shall, subject to the Provisions of this Act, consist of two hundred and ninety-five members of whom ninety-nine shall be elected for Ontario, seventy-five for Quebec, eleven for Nova Scotia, ten for New Brunswick, fourteen for Manitoba, thirty-two for British Columbia, four for Prince Edward Island, twenty-six for Alberta, fourteen for Saskatchewan, seven for Newfoundland, one for the Yukon Territory and two for the Northwest Territories.

SUMMONING OF HOUSE OF COMMONS

38.- The Governor General shall from Time to Time, in the Queen's Name, by Instrument under the Great Seal of Canada, summon and call together the House of Commons.

SENATORS NOT TO SIT IN HOUSE OF COMMONS

39.- A Senator shall not be capable of being elected or of sitting or voting as a Member of the House of Commons.

ELECTORAL DISTRICTS OF THE FOUR PROVINCES

40.- Until the Parliament of Canada otherwise provides, Ontario, Quebec, Nova Scotia, and New Brunswick shall, for the Purposes of the Election of Members to serve in the House of Commons, be divided into Electoral Districts as follows:

1. - ONTARIO

Ontario shall be divided into the Counties, Ridings of Counties, Cities, Parts of Cities, and Towns enumerated in the First Schedule to this Act, each whereof shall be an Electoral District, each such District as numbered in that Schedule being entitled to return One Member.

2. - QUEBEC

Quebec shall be divided into Sixty-five Electoral Districts, composed of the Sixty-five Electoral Divisions into which Lower Canada is at the passing of this Act divided under Chapter Two of the Consolidated Statutes of Canada, Chapter Seventy-five of the Consolidated Statutes for Lower Canada, and the Act of the Province of Canada of the Twenty-third Year of the Queen, Chapter One, or any other Act amending the same in force at the Union, so that each such Electoral Division shall be for the Purposes of this Act an Electoral District entitled to return One Member.

3. - NOVA SCOTIA

Each of the Eighteen Counties of Nova Scotia shall be an Electoral District. The County of Halifax shall be entitled to return Two Members, and each of the other Counties One Member.

4. - NEW BRUNSWICK

Each of the Fourteen Counties into which New Brunswick is divided, including the City and County of St. John, shall be an Electoral District. The City of St. John shall also be a separate Electoral District. Each of those Fifteen Electoral Districts shall be entitled to return One Member.

CONTINUANCE OF EXISTING ELECTION LAWS UNTIL PARLIAMENT OF CANADA OTHERWISE PROVIDES

41.- Until the Parliament of Canada otherwise provides, all Laws in force in the several Provinces at the Union relative to the following Matters or any of them, namely, -the Qualifications and Disqualifications of Persons to be elected or to sit or vote as Members of the House of Assembly or Legislative Assembly in the several Provinces, the Voters at Elections of such Members, the Oaths to be taken by Voters, the Returning Officers, their Powers and Duties, the Proceedings at Elections, the Periods during which Election may be continued, the Trial of controverted Elections, and proceedings incident thereto, the vacating of Seats of Members, and the Execution of new Writs in case of Seats vacated otherwise than by Dissolution, -shall respectively apply to Elections of Members to serve in the House of Commons for the same several Provinces.

Provided that, until the Parliament of Canada otherwise provides, at any Election for a Member of the House of Commons for the District of Algoma, in addition to Persons qualified by the law of the Province of Canada to vote, every Male British Subject, aged Twenty-one Years or upwards, being a Householder, shall have a Vote.

42.- Repealed.

43.- Repealed.

AS TO ELECTION OF SPEAKER OF HOUSE OF COMMONS

44.- The House of Commons on its first assembling after a General Election shall proceed with all practicable Speed to elect One of its Members to be Speaker.

AS TO FILLING UP VACANCY IN OFFICE OF SPEAKER

45.- In case of a Vacancy happening in the Office of Speaker by Death, Resignation, or otherwise, the House of Commons shall with all practicable Speed proceed to elect another of its Members to be Speaker.

SPEAKER TO PRESIDE

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

PROVISION IN CASE OF ABSENCE OF SPEAKER

47.- Until the Parliament of Canada otherwise provides, in case of the Absence for any Reason of the Speaker from the Chair of the House of Commons for a Period of Forty-eight consecutive Hours, the House may elect another of its Members to act as Speaker, and the Member so elected shall during the Continuance of such Absence of the Speaker have and execute all the Powers, Privileges, and Duties of Speaker.

QUORUM OF HOUSE OF COMMONS

48.- The Presence of at least Twenty Members of the House of Commons shall be necessary to constitute a Meeting of the House for the Exercise of its Powers, and for that Purpose the Speaker shall be reckoned as a Member.

VOTING IN HOUSE OF COMMONS

49.- Questions arising in the House of Commons shall be decided by a Majority of Voices other than that of the Speaker, and when the Voices are equal, but not otherwise, the Speaker shall have a Vote.

DURATION OF HOUSE OF COMMONS

50.- Every House of Commons shall continue for Five Years from the Day of the Return of the Writs for choosing the House (subject to be sooner dissolved by the Governor General), and no longer.

READJUSTMENT OF REPRESENTATION IN COMMONS

51.- 1. The number of members of the House of Commons and the representation of the provinces therein shall, on the coming into force of this subsection and thereafter on the completion of each decennial census, be readjusted by such authority, in such manner, and from such time as the Parliament of Canada from time to time provides, subject and according to the following rules:

Rules 1. There shall be assigned to each of the provinces a number of members equal to the number obtained by dividing the total population of the provinces by two hundred and seventy-nine and by dividing the population of each province by the quotient so obtained, counting any remainder in excess of 0.50 as one after the said process of division.

2. If the total number of members that would be assigned to a province by the application of rule is less than the total number assigned to that province on the date of coming into force of this subsection, there shall be added to the number of members so assigned such number of members as will result in the province having the same number of members as were assigned on that date.

Yukon territory and Northwest Territories

2. The Yukon Territory as bounded and described in the schedule to chapter Y-2 of the Revised Statutes of Canada, 1970, shall be entitled to one member, and the Northwest Territories as bounded and described in section 2 of chapter N-22 of the Revised Statutes of Canada, 1970, shall be entitled to two members.

CONSTITUTION OF HOUSE OF COMMONS

a.- Notwithstanding anything in this Act a province shall always be entitled to a number of members in the House of Commons not less than the number of senators representing such province.

INCREASE OF NUMBER OF HOUSE OF COMMONS

52.- The Number of Members of the House of Commons may be from Time to Time increased by the Parliament of Canada, provided the proportionate Representation of the Provinces prescribed by this Act is not thereby disturbed.


Preamble
Short title
Union
Declaration of Union
Construction of subsequent Provisions of Act
Four Provinces
Provinces of Ontario and Quebec
Provinces of Nova Scotia and New Brunswick
Decennial Census
Executive Power
Declaration of Executive Power in-the-Queen
Application of Provisions referring to Governor General
Constitution of Privy Council for Canada
All Powers under Acts to be exercised by Governor General
Application of Provisions referring to Governor General in Council
Power to Her Majesty to authorize Governor General to appoint Deputies
Command of Armed Forces to continue to be vestedin-the-Queen
Seat of Government of Canada
Legislative Power
Constitution of Parliament of Canada
Privileges of Houses
First Session of the Parliament of Canada
The Senate
Number of Senators
Representationof Provinces in Senate
Qualifications of Senator
Summons of Senator
Addition of Senators in certain cases
Reduction of Senate to normal Number
Maximum Number of Senators
Tenure of Place in Senate
Resignation of Place in-Senate
Disqualification of Senators
Summons on Vacancy in Senate
Questions as to Qualifications and Vacancies in Senate
Appointment of Speaker of Senate
Quorum of Senate
Voting in Senate
The House of Commons
Constitution of House of Commons in Canada
Summoning of House of Commons
Senators not to sit in House of Commons
Electoral districts of the four Provinces
Continuance of existing Election Laws until Parliament
Election of Speaker of House of Commons
Filling up Vacancy in Office of Speaker
Speaker to preside
Provision in case of Absence of Speaker
Quorum of House of Commons
Voting in House of Commons
Duration of House of Commons
Readjustment of representation in Commons
Constitution of House of Commons
Increase of Number of House of Commons
Money Votes Royal Assent
Appropriation and Tax Bills
Recommendation of Money Votes
Royal sAssent to Bills
Disallowance by Order in Council
Signification of Queens Pleasure on Bill reserved
Provincial Constitutions
Executive Power
Appointment of Lieutenant Governors of Provinces
Tenure of Office of Lieutenant Governor
Salaries of Lieutenant Governors
Oaths of Lieutenant Governor
Application of Provisions referring to Lieutenant Governor
Appointment of Executive Officers for Ontario and Quebec
Executive Government of Nova Scotia and New Brunswick
Powers to be exercised by Lieutenant Governor
Application of Provisions referring to Lieutenant Governor in Council
Administration in Absence of Lieutenant Governor
Seats of Provincial Governments
Legislative Power
Ontario
Legislature for Ontario
Electoral districts
Quebec
Legislature for Quebec
Constitution of Legislative Council
Qualification of Legislative Councillors
Resignation Disqualification
Vacancies
Questions as to Vacancies
Speaker of Legislative Council
Quorum of Legislative Council
Voting in Legislative Council
Constitution of Legislative Assembly of Quebec
Ontario and Quebec
Summoning of Legislative Assemblies
Restriction on election of Holders of offices
Continuance of existing Election Laws
Duration of Legislative Assemblies
Yearly Session of Legislature
Speaker Quorum
Nova Scotia and New Brunswick
Constitutions of Legislatures of Nova Scotia and New Brunswick
The Four Provinces
Application to Legislatures of Provisions respecting Money Votes
Distribution Of Legislative Powers
Legislative Authority of Parliament of Canada
Subjects of exclusive Provincial Legislation
Laws respecting non renewable natural resources
Legislation respecting Education
Legislation for Uniformity of Laws in Three Provinces
Concurrent Powers of Legislation respecting Agriculture
Judicature
Appointment of Judges
Selection of Judges in Ontario
Selection of Judges in Quebec
Tenure of office of Judges
Salaries of Judges
General Court of Appeal
Revenues Debts Assets Taxation
Creation of Consolidated Revenue Fund
Expenses of Collection
Interest of Provincial Public Debts
Salary of Governor General
Appropriation from Time to Time
Transfer of Stocks
Transfer of Property in Schedule
Property in Lands Mines
Assets connected with Provincial Debts
Canada to be liable for Provincial Debts
Debts of Ontario and Quebec
Assets of Ontario and Quebec
Debt of Nova Scotia
Debt of New Brunswick
Payment of interest to Nova Scotia and New Brunswick
Provincial Public Property
Further Grant to New Brunswick
Form of Payments
Canadian Manufactures
Continuance of Customs and Excise Laws
Exportation and Importation as between Two Provinces
Lumber Dues in New Brunswick
Exemption of Public Lands
Provincial Consolidated Revenue Fund
Miscellaneous Provisions
General
Oath of Allegiance
Continuance of existing Laws Courts Officers
Transfer of Officers to Canada
Appointment of new Officers
Treaty Obligations
Use of English and French Languages
Ontario and Quebec
Powers Duties of Executive Officers
Great Seals
Construction of temporary Acts
Errors in Names
Ussue of Proclamations before Union to commence after Union
Issue of Proclamations after Union
Penitentiary
Arbitration respecting Debts
Division of Records
Constitution of Townships in Quebec
Intercolonial Railway
Admission Of Other Colonies
Power to admit New foundland into the Union
Representation of Newfoundland and Prince Edward Island in Senate
First Schedule
Second Schedule
Third Schedule
Fourth Schedule
Fifth Schedule
Sixth Schedule
Constitution The Houseof Commons 2022


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