Preamble |
Preamble- Constitution of Canada |
Preamble
- Constitution Acts of Canada 1867 to 1982. Canadian Laws.
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Preamble |
A CONSOLIDATION OF THE CONSTITUTION ACTS 1867 TO 1982
DEPARTMENT OF JUSTICE OF CANADA
CONSOLIDATED AS OF OCTOBER 1, 1989
FOREWORD
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 enactment, and the text of the Constitution Act, 1982, as amended by the Constitution Amendment Proclamation 1983. The Constitution Act, 1982 contains the Canadian Charter of Rights and Freedoms and other new provisions, including the procedure for amending the Constitution of Canada.
The Constitution Act, 1982 also contains a Schedule of repeals of certain constitutional enactments and provides for the renaming of others. The British North America Act, 1949, for example, i renamed in the Schedule, 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 law embodied in the Constitution Act, 1867 has been altered many times otherwise than by direct amendment, not only by the Parliament of the United Kingdom, 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 with only such subsequent enactments as directly alter the text of the Act would therefor 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.
The various classes of enactments modifying the text of the Constitution Act, 1867, have been dealt with as follows:
I. DIRECT AMENDMENTS
1. REPEALS
Repealed provisions (e.g. section 2) have been deleted from the text and quoted in a footnote.
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 provision (e.g. section A) are included in the text.
4. SUBSTITUTIONS
Substituted provisions (e.g. section 18) are included in the text, and the former provisions is quoted in a footnote.
II. INDIRECT AMENDMENTS
1. ALTERATIONS BY UNITED KINGDOM PARLIAMENT
Provisions altered by the United Kingdom Parliament otherwise than by direct 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 provisions 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 appropriate 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 legislatures of the provinces, either by virtue of specific authority (e.g. sections 83, 84) or by virtue of head of section 92 (e.g. sections 70, 72), have been included in the text in their original form, but the footnotes refer to the provincial enactments effecting the alteration. Amendments to provincial enactments are not referred to: these may be readily found by consulting the indexes to provincial statutes. The enactments of the original provinces only are referred to; there are corresponding enactments by the provinces created at a later date.
III. SPENT PROVISIONS
Footnote references are made to those sections that are spent or are probably spent. For example, section 119 became spent by lapse of time and the footnote reference so indicates; on the other hand, section 140 is probably spent, but short of examining all statutes passed before Confederation there would be no way of ascertaining definitely whether or not the section is spent; the footnote reference therefore indicates the section as being probably spent.
The enactments of the United Kingdom Parliament or the Parliament of Canada, and Orders in Council admitting territories, referred to in the footnotes, may be found in Appendix II to the Revised Statutes of Canada, 1985, and in the annual volumes of the statutes of Canada.
The reader will notice inconsistencies in the capitalization of nouns. It was originally the practice to capitalize the first letter of all nouns in British statutes and the Constitution Act, 1867, was so written, but this practice was discontinued and was never followed in Canadian statutes. In the original provisions included in this consolidation nouns are written as they were enacted.
* * * * * * * * * *
This consolidation contains material prepared by the late Dr. E.A. Driedger, Q.C., which was last published by the Department of Justice in 1986 under the title The Constitution Acts, 1867 to 1982. The material has been updated where necessary but the Department gratefully acknowledges Dr. Driedger's earlier work.
THE CONSTITUTION ACT, 1867
30 & 31 VICTORIA, c. 3. (U.K.)
(CONSOLIDATES WITH AMENDMENTS)
An Act for the Union of Canada, Nova Scotia, and New Vrunswick, and the Government thereof; and for Purposes connected therewith
(29th March 1867.)
WHEREAS the Provinces of Canada, Nova Scotia, and New Brunswick have expressed 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 Interest 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 Dominion 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:
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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 |