Miscellaneous Provisions- Constitution of Canada
Miscellaneous Provisions - Constitution Acts of Canada 1867 to 1982. Canadian Laws.
IX. MISCELLANEOUS PROVISIONS
OATH OF ALLEGIANCE, ETC.
128.- Every Member of the Senate or House of Commons of Canada shall before taking his Seat therein take and subscribe before the Governor General or some Person authorized by him, and every Member of a Legislative Council or Legislative Assembly of any Province shall before taking his Seat therein take and subscribe before the Lieutenant Governor of the Province or some Person authorized by him, the Oath of Allegiance contained in the Fifth Schedule to this Act; and every Member of the Senate of Canada and every Member of the Legislative Council of Quebec shall also, before taking his Seat therein, take and subscribe before the Governor General, or some Person authorized by him, the Declaration of Qualification contained in the same Schedule.
CONTINUANCE OF EXISTING LAWS, COURTS, OFFICERS, ETC.
129.- Except as otherwise provided by this Act, all Laws in force in Canada, Nova Scotia, or New Brunswick at the Union, and all Courts of civil and Criminal Jurisdiction, and all legal Commissions, Powers, and Authorities, and all Officers, Judicial, Administrative, and Ministerial, existing therein tat the Union, shall continue in Ontario, Quebec, Nova Scotia, and New Brunswick respectively, as if the Union has not been made; subject nevertheless (except with respect to such as are enacted by or exist under Acts of the Parliament of Great Britain or of the Parliament of the United Kingdom of Great Britain and Ireland), to be repeals, abolished, or altered by the Parliament of Canada, or by the Legislature of the respective province, according to the Authority of the Parliament or of that Legislature under this Act.
TRANSFER OF OFFICERS TO CANADA
130.- Until the Parliament of Canada otherwise provides, all Officers of the several Provinces having Duties to discharge in relation to Matters other than those coming within the Classes of Subjects by this Act assigned exclusively to the Legislatures of the Provinces shall be Officers of Canada, and shall continue to discharge the Duties of their respective Offices under the same Liabilities, Responsibilities, and Penalties as if the Union had not been made.
APPOINTMENT OF NEW OFFICERS
131.- Until the Parliament of Canada otherwise provides, the Governor General in Council may from Time to Time appoint such Officers as the Governor General in Council deems necessary or proper for the effectual Execution of this Act.
132.- The Parliament and Government of Canada shall have all Powers necessary or proper for performing the Obligations of Canada or of any Province thereof, as part of the British Empire, towards Foreign Countries, arising under Treaties between the Empire and such Foreign Countries.
USE OF ENGLISH AND FRENCH LANGUAGES
133.- Either the English or the French Language may be used by any Person in the Debates of the Houses of the Parliament of Canada and of the Houses of the Legislature of Quebec; and both those Languages shall be used in the respective Records and Journals of those Houses; and either of those Languages may be used by any Person or in any Pleading or Process in or issuing from any Court of Canada established under this Act, and in or from all or any of the Courts of Quebec.
The Acts of the Parliament of Canada and of the Legislature of Quebec shall be printed and published in both those Languages.
ONTARIO AND QUEBEC
APPOINTMENT OF EXECUTIVE OFFICERS FOR ONTARIO AND QUEBEC
134.- Until the Legislature of Ontario or of Quebec otherwise provides, the Lieutenant Governors of Ontario and Quebec may each appoint under the Great Seal of the Province the following Officers, to hold Office during Pleasure, that is to say, - 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, and in the Case of Quebec the Solicitor General, and may, by Order of the Lieutenant Governor in Council, from Time to Time prescribe the Duties of those Officers, and of the several Departments over which they shall preside or to which they shall belong, and of the Officers and Clerks thereof, and may also appoint other and additional Officers to hold Office during Pleasure, and may from Time to Time prescribe the Duties of those Officers, and of the several Departments over which they shall preside or to which they shall belong, and of the Officers and Clerks thereof, and may also appoint other and additional Officers to hold Office during Pleasure, and may from Time to Time prescribe the Duties of those Officers, and of the several Departments over which they shall preside or to which they shall belong, and of the Officers and Clerks thereof.
POWERS, DUTIES, ETC. OF EXECUTIVE OFFICERS
135.- Until the Legislature of Ontario or Quebec otherwise provides, all Rights, Powers, Duties, Functions, Responsibilities, or authorities at the passing of this Act vested in or imposed on the Attorney General, Solicitor General, Secretary and Registrar of the Province of Canada, Minister of Finance, Commissioner of Crown Lands, Commissioner of Public Works, and Minister of Agriculture and Receiver General, by any Law, Statute, or Ordinance of Upper Canada, Lower Canada, or Canada, and not repugnant to this Act, shall be vested in or imposed on any Officer to be appointed by the Lieutenant Governor for the Discharge of the same or any of them; and the Commissioner of Agriculture and Public Works shall perform the duties and Functions of the Office of Minister of Agriculture at the passing of this Act imposed by the Law of the Province of Canada, as well as those of the Commissioner of Public Works.
136.- Until altered by the Lieutenant Governor in Council, the Great Seals of Ontario and Quebec respectively shall be the same, or of the same Design, as those used in the Provinces of Upper Canada and Lower Canada respectively before their Union as the Province of Canada.
CONSTRUCTION OF TEMPORARY ACTS
137.- The words "and from thence to the End of the then next ensuing Session of the Legislature," or words to the same Effect, used in any temporary Act of the Province of Canada not expired before the Union, shall be construed to extend and apply to the next Session of the Parliament of Canada if the Subject Matter of the Act is within the Powers of the same as defined by this Act, or to the next Sessions of the Legislatures of Ontario and Quebec respectively if the Subject Matter of the Act is within the Powers of the same as defined by this Act.
AS TO ERRORS IN NAMES
138.- From and after the Union the Use of the Words "Upper Canada" instead of "Ontario," or "Lower Canada" instead of "Quebec," in any Deed, Writ, Process, Pleading, Document, Matter, or Thing shall not invalidate the same.
AS TO ISSUE OF PROCLAMATIONS BEFORE UNION, TO COMMENCE AFTER UNION
139.- Any Proclamation under the Great Seal of the Province of Canada issued before the Union to take effect at a Time which is subsequent to the Union, whether relating to that Province, or to Upper Canada, or to Lower Canada, and the several Matters and Things therein proclaimed, shall be and continue of like Force and Effect as if the Union had not been made.
AS TO ISSUE OF PROCLAMATIONS AFTER UNION
140.- Any Proclamation which is authorized by any Act of the Legislature of the Province of Canada to be issued under the Great Seal of the Province of Canada, whether relating to that Province, or to Upper Canada, or to Lower Canada, and which is not issued before the Union, may be issued by the Lieutenant Governor of Ontario or of Quebec, as its Subject Matter requires, under the Great Seal thereof; and from and after the Issue of such Proclamation the same and the several Matters and Things therein proclaimed shall be and continue of the like Force and Effect in Ontario or Quebec as if the Union had not been made.
141.- The Penitentiary of the Province of Canada shall, until the Parliament of Canada otherwise provides, be and continue the Penitentiary of Ontario and of Quebec.
ARBITRATION RESPECTING DEBTS, ETC.
142.- The Division and Adjustment of the Debts, Credits, Liabilities, Properties, and Assets of Upper Canada and Lower Canada shall be referred to the Arbitrament of Three Arbitrators, One chosen by the Government of Ontario, One by the Government of Quebec, and One by the Government of Canada; and the Selection of the Arbitrators shall not be made until the Parliament of Canada and the Legislatures of Ontario and Quebec have met; and the Arbitror chosen by the Government of Canada shall not be a Resident either in Ontario or in Quebec.
DIVISION OF RECORDS
143.- The Governor General in Council may from Time to Time order that such and so many of the Records, Books, and Documents of the Province of Canada as he thinks fit shall be appropriated and delivered either to Ontario or to Quebec, and the same shall thenceforth be the Property of that Province; and any Copy thereof or Extract therefrom, duly certified by the officer having charge of the original thereof, shall be admitted as Evidence.
CONSTITUTION OF TOWNSHIPS IN QUEBEC
144.- The Lieutenant Governor of Quebec may from Time to Time, by Proclamation under the Great Seal of the Province, to take effect from a Day to be appointed therein, constitute Townships in those Parts of the Province of Quebec in which Townships are not then already constituted, and fix the Metes and Bounds thereof.
|Declaration of Union|
|Construction of subsequent Provisions of Act|
|Provinces of Ontario and Quebec|
|Provinces of Nova Scotia and New Brunswick|
|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|
|Constitution of Parliament of Canada|
|Privileges of Houses|
|First Session of the Parliament of Canada|
|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|
|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|
|Legislature for Ontario|
|Legislature for Quebec|
|Constitution of Legislative Council|
|Qualification of Legislative Councillors|
|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|
|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|
|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|
|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|
|Oath of Allegiance|
|Continuance of existing Laws Courts Officers|
|Transfer of Officers to Canada|
|Appointment of new Officers|
|Use of English and French Languages|
|Ontario and Quebec|
|Powers Duties of Executive Officers|
|Construction of temporary Acts|
|Errors in Names|
|Ussue of Proclamations before Union to commence after Union|
|Issue of Proclamations after Union|
|Arbitration respecting Debts|
|Division of Records|
|Constitution of Townships in Quebec|
|Admission Of Other Colonies|
|Power to admit New foundland into the Union|
|Representation of Newfoundland and Prince Edward Island in Senate|